K.Kumara Swamy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2974 OF 2019 DATED :15.02.2019 Between :

K.Kumara Swamy S/o.Raju, Aged about 30 yrs, Occu : Driver, Owner of Vehicle No.TS 15 UA 3521, R/o.H.No.55-58/1, Ring Basthi Maqdhoom Nagar, Jagadirigutta, Hyderabad & others.

..

Petitioners And The State of Telangana, Rep., by its Principal Secretary, Transport Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2974 OF 2019 ORDER :

This writ petition is filed for the following relief : "....to issue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus to declare the action of the respondent No.3 in not renewing the Fitness of the petitioners vehicles inspite of their repeated requests is arbitrary, illegal, unconstitutional and consequently direct the respondent No.3 to renew the fitness of the petitioners vehicle at the earliest and to pass such other order or orders appropriate in the case." 2.

When the matter is taken up, it is submitted by the learned counsel for the petitioners as well as learned Government Pleader for Transport appearing for the respondents that the issue raised in the present Writ Petition is squarely covered by the order, dated 06.04.2017, passed by this Court in Writ Petition No.9570 of 2017.

3.

Relevant portion of the aforesaid order reads as under : "In those circumstances, the writ petition is allowed directing the respondent authorities to allow the petitioners forthwith to submit their applications through online and process the same as expeditiously as possible and complete the testing formalities within a period of two weeks from the date of receipt of copy of this order. However, it is made clear that the respondent authorities may take action against the petitioners for furnishing the alleged fake addresses and getting their vehicles registered, in accordance with law."

4.

Following the aforesaid order and for the reasons stated therein, this Writ Petition is also allowed in terms thereof.

- 3 - Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs.

__________________ P.NAVEEN RAO,J 15th February, 2019 Rds