Sri C.Nagabhushanam Reddy, v. The State Of Andhra Pradesh,

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR Writ Petition Nos.22421 & 40884 of 2014 DATED:04.02.2015 Writ Petition No. 22421 of 2014 Between:

Sri C. Nagabhushanam Reddy, Kadapa.

... Petitioner And The Transport Commissioner, Hyderabad and others.

....Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR Writ Petition Nos.22421 & 40884 of 2014 Common Order: (per Hon'ble Sri Justice Sanjay Kumar) Despite service of notice, the 4th respondent in these writ petitions has not chosen to enter appearance and contest the matter.

The issue raised in these writ petitions is squarely covered by the common order dated 16.12.2014 passed in Writ Petition No. 20315 of 2014 and Batch.

These writ petitions are accordingly disposed of in terms thereof with the following directions:

Upon payment of the current dues, which are fallen from the date of purchase of the vehicles by the writ petitioners, the Motor Vehicles Authority would register the same and effect transfer of the same in the name of the petitioners, as we think legal provision is clear for effecting transfer and nothing more is required. Till such transfer is effected, the vehicles should not be plied. The third respondent, who is the financier and seller of the vehicles, will make a representation to the Regional Transport Authority within a period of fifteen days from the date of receipt of a copy of this order making a suitable prayer. On receipt of the same, the Regional Transport Authority would consider the same in accordance with law after serving a notice to the fourth respondent-hirer, hear them and pass a speaking order.

In the event no such representation is made by the financier, the third respondent, then it would be open for the Regional Transport Authority to recover the same from the third respondent.

third respondent-financier from transferring, alienating or disposing of his/its fixed assets and properties till disposal of such representation, and if no representation is made, till such recovery is made. We restrain the writ petitioners from transferring, alienating or parting with possession of the vehicles or any of their accessories, save except in the usual course of business, till disposal of the representation so to be made in terms of this order.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

______________________ K.J. SENGUPTA, CJ _____________________ SANJAY KUMAR, J 4th February, 2015 pnb