HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4396 of 2010 DATE: 13.06.2014 Between:
M.V.Raja Raam ... Petitioner And The Government of Andhra Pradesh, rep. by its Secretary, Transport, Roads & Buildings (Tr.II) Department Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4396 of 2010 ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.
2. The short point involved in the present writ petition is whether the petitioner has to pay further amount of Rs.5,000/- towards re- notification charges when the earlier registration done in his favour was not cancelled after 15 days as stipulated under Rule 81(6) of the A.P. Motor Vehicles Rules.
3. The petitioner purchased Chevrolet Optra Magnum TCDi LT BS III from M/s Kun Automobiles Private Limited, Hyderabad on 06.09.2008. The petitioner produced the vehicle on 03.10.2008 for registration and he was asked to produce a no objection certificate from HSBC Bank since he was having another car from Ford Company, registered in his name. The petitioner submits that it takes some time to obtain a no objection certificate from the HSBC Bank, as the case is pending before the District Consumers Forum, Hyderabad for non-issuance of a No Objection Certificate by the HSBC. The Officers advised him orally stating that if he pays Rs.5000/- for special number, some time would be granted. Accordingly, he paid Rs.5000/- by way of demand draft dated 03.10.2008 in the name of the Secretary, RTA, Hyderabad for the allotment of fancy number i.e., 1119. Again he produced the vehicle for registration on 03.11.2008 with reserved number 1119 as it was not put to auction in the meanwhile. The vehicle was registered in favour of the petitioner on that day. Thereafter, the Registering Authority issued impugned Memo No.3613/C14/2009 dated 25.11.2009 on 15.02.2010 requesting the petitioner to pay an amount of Rs.5000/- towards re-notifying fee through demand draft in favour of the Secretary, RTA, Hyderabad, as the vehicle was registered after 15 days from the date of reservation. He relied on Rule 81(6) of the A.P. Motor Vehicles Rules, which states that the reservation shall be cancelled, if the vehicle is not produced within 15 days from the date of reservation of the number and the reserved number shall be re-notified immediately.
4. In the instant case, evidently, the reservation was not cancelled and no re-notification was done. The respondents defend their action on the ground that in the application for reservation itself there is a declaration that the owner would undertake to produce the vehicle within 15 days from the date of allotment of registration number for registration and understand that the reservation number allotted stands cancelled in the event of non-production of the vehicle. Since, the petitioner has not produced the vehicle within 15 days form the date of reservation of registration number and it was produced only on 03.11.2008, the impugned Memo was issued.
5. Admittedly, in the instant case, the respondents have not followed the procedure under Rule 81(6) of the A.P. Motor Vehicles Rules and without following the said procedure, they cannot insist the petitioner to pay the re-notification fee of Rs.5,000/- as a mere formality.
6. In the circumstances, the impugned order in Memo No.3163/ C14/2009 dated 25.11.2009 is set aside and the writ petition is allowed accordingly. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 13.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 3 WRIT PETITION No.4396 of 2010 Date: 13.06.2014 BSS