Syed Raheem v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 3414 OF 2020 ORDER:

This Writ Petition is filed seeking to declare the action of respondents 3 and 4 in not renewing the fitness of the petitioner's vehicle inspite of their repeated requests, as arbitrary and illegal.

Learned Counsel for the petitioner submits that in somewhat similar circumstances, this Court while deciding Writ Petition No.9570 of 2017 on 06.04.2017, passed an order, the operative portion of which read as under: "It may be noted that as long as the registration granted in favour of the petitioners is in subsistence and subject to the condition of the petitioners complying with the requirements of payment of the prescribed fees and producing the vehicles before the authorized testing stations, the respondent authorities cannot deny the right of the petitioners for seeking fitness certificate of the vehicle as fitness certificates are essential is in relation to testifying the roadworthiness of the vehicles. The same has nothing to do with the registration of the vehicle.

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. No order as to costs."

Heard learned Government Pleader for Transport. In view of the said submission, this Writ Petition is also allowed in terms of the aforesaid order directing the respondent authorities to allow the petitioner forthwith to submit his application 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 petitioner for furnishing the alleged fake addresses and getting his vehicle registered, in accordance with law. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ A.RAJASHEKER REDDY, J 18.02.2020 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 3414 of 2020 18.02.2020 tk