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High Court for State of TelanganaWP/18249/2018disposed of no costs

Gummadavelli Venkanna, v. Prl.Secy., Transport Dept., State Of T.S.,

2018-06-05A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.18249 OF 2018 ORDER:

This Writ Petition is filed seeking to declare the action of respondents 3 and 4 in not renewing the fitness of the petitioners' vehicles in spite of their repeated requests, as arbitrary and illegal. 2.

Learned counsel on either side submit 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 reads 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 certificates 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."

3.

In view of the said submission, this Writ Petition is also disposed of in terms of the order, dated 06.04.2017, passed in Writ Petition No.9570 of 2017.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. __________________ A.V.SESHA SAI, J JUNE 05, 2018 YVL

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.18249 OF 2018 Date: 05.06.2018 YVL