M/S Shriramtrasport Finance Co Ltd v. The State Of Telangana And Another

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO:4372 OF 2020 Between:

1,4/s ShriramTrasp_ort Finance Co Ltd, D.No.8-5-153, Ground Floor, Opp. prakasham Stadium Gate, Court Road, Prakash Nagar, Kothagudem-507'101 Rep by its authorised officer V.Muralidar S/o V.Radha Krishna ...PETITIONER AND The State of Telangana and another, Rep. by its Principal Secretary, Transport Roads and Buildings Department, Secretariat Building, Hyderabad The Regional Transport Officer, Kothagudem, BhadradriKothagudem District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the inaction of the 2nd respondent in not passing any orders on my application dated 27112120'1 9 for issuing fresh registration certificate in respect to vehicle bearing Nos.AP2OTA 3035 and AP2OTA 3036 even after submitting all the relavent papers in Form No.36, as being illegal, arbitrary, violation of principles of natural justice, discriminatory and unconditional, fair plea and in violation of Article 14, 19 and 21A of the Constitution of lndia.

lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to consider my representation dated 2711212019 and releaSe the fresh registration certificates in respect to vehicle bearing Nos.AP2OTA 3035 and AP2OTA 3036 in favour of petitioner, pending disposal of the writ petition and without deciding the eligible claimants.

Counsel for the Petitioner: SRI PRAVEEN KUMAR CHALLA Counsel for the Respondents 1 & 2 : GP FOR TRANSPORT The Court made the following: ORDER

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO.4372 of 2O2O ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the 2"d respondent in not passing any orders on the petitioner's application, dated 27.12.2019, for issuing fresh registration certificate in respect of vehicle bearing Nos.AP-20-TA-3035 and AP-20-TA-3036, even after submitting all the relevant papers in Form No.36, as arbitrary and illegal.

2.

Heard the learned counsel lor the petitioner and learned Assistant Government Pleader for Transport appearing lor the respondents.

3.

On instructions, learned Assistant Government Pleader for Transport, would submit that the application of the petitioner would be considered by the authorities concerned subject to petitioner paying tax and incidental charges including penalty as per the rules. 4.

On the other hand, learned counsel for the petitioner would submit that the petitioner will pay necessary tax, incidental charges and penalty as per the rules, therefore, issue a direction to the authorities concerned to consider the petitioner's application. 5.

In view of the same, the Writ Petition is disposed of directing the 2"d respondent to consider the petitioner's application, dated 27.12.2019 subject to petitioner paying tax, incidental charges and penalty, as per the rules.

With the above direction, the writ petition is disposed of. There 6.

shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR I I //TRUE COPY// FFICER srcrVoh o To,

1. The Principal Secretary, State of Telangana and another, Transport Roads and Buildings Department, Secretariat Building, Hyderabad

2. The Regional Transport Officer, Kothagudem, BhadradriKothagudem District.

3. One CC to Sri. Praveen Kumar Challa Advocate IOPUC]

4. Two CCs to GP for Transport ,High Court for the State of Telangana. [OUT] 5.Two CD Copies SSV PLP

( HIGH COURT DATED:02/0312020 TA 14:

S { * dzq C) APfl zOM

ORDER

:r WP.No.4372 of 2020 DISPOSING OF THE WP WITHOUT COSTS w)u,