¥ APHC010305452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15421 OF 2025 Between: M/s. Trux 360 Logistics Private Limited,, 108/2, Cross, 4th Main, Chamarajpet, Bengaluru - 560 018, Karnataka, represented by its Managing Director, Aravind A, S/o. Appaji, aged about 45 years, R/o.5/18/1,5th cross, 1 St Main Road, Bengaluru South, Karnataka. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, (Transport Department), Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh 2. The Transport Commissioner, Andhra Pradesh at N.T.R. Admin Block, Pandit Nehru Bus Station, Vijayawada, N.T.R. District, Andhra Pradesh. ...Responclents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the hature of writ of mandamus in cancelling the Preliminary Registration Certificate in i PRC N0.I8O2I/5/2024/RSC, dated 06.03.2024 in Proceedings in Lr. N0.I8O21/5/2024/RSC, dated 12.06.2025 by the 2'^^ respondent herein while pending appeal before the appellant authority i.e., before the respondent No.1, dated 06.06.2025 for extension of time for execution of work as illegal]^ arbitrary and also oppose to all cannons of justice, consequentially, suspend the operation of the cancellation order in Lr. No.18021/5/2024/RSC, dated 12.06.2025 issued against the petitioner. I lA NO: 1 OF 2025 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 i suspend the operation of the cancellation order in Lr. NO.18021/5/2024/RSC, dated 12.06.2025 issued against the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following order: APHC010305452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^3331] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15421/2025 Between: 1.M/S. TRUX 360 LOGISTICS PRIVATE LIMITED,, 108/2, CROSS, 4TH MAIN, CHAMARAJPET, BENGALURU - 560 018, KARNATAKA, REPRESENTED BY ITS MANAGING DIRECTOR, ARAVIND A, S/0. APPAJI, AGED ABOUT 45 YEARS, R/0.5/18/1, 5TH CROSS, MAIN ROAD, BENGALURU SOUTH, KARNATAKA. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS • (TRANSPORT DEPARTMENT), DISTRICT, PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR ANDHRA PRADESH 2.THE TRANSPORT COMMISSIONER, ANDHRA PRADESH AT N.T.R. ADMIN BLOCK, PANDIT NEHRU BUS STATION, VIJAYAWADA, N.T.R. DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article.226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus in cancelling the Preliminary Registration Certificate in PRC No.18021/5/2024/RSC, dated 06.03.2024 in Proceedings in Lr. No.18021/5/2024/RSC, dated 12.06.2025 by the 2 respondent herein while pending appeal before the appellant authority i.e., respondent No.1, dated 06.06.2025 for extension of time for execution of before the 2 work as illegal, arbitrary and also oppose to all cannons of justice consequentially, suspend the operation of the cancellation order NO.18021/5/2024/RSC, dated 12.06.2025 issued against the petitioner and pass in Lr. to lA NO: 1 OF 2025 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 pleased to suspend the operation of the cancellation order in Lr. NO.18021/5/2024/RSC, dated 12.06.2025 issued • pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Coui;isel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following ORDER: Heard Sri Sasinath, learned counsel representing Sri V.Sai Kumar learned counsel for the petitioner and Sri Rasheed Government Pleader for Transport for the respondents. 2. (a) A Preliminary Registration Certificate (for short “PRC”) was granted . to the petitioner for the establishment of an automatic operation and maintenance of an authorized Testing Station at Eluru Mandal and District. The PRC is valid from 06.03.2024 to 06.03.2025. (b) Section 4 of the contract deals with the scope of work. Clause 4 (f) of the contract reads as follows: “The Successful Bidder shall have to successfully complete the establishment of Automatic Test Station and the pre-commissionin g audit and assessment work within a period of 01 year from the date of issue of Preliminary Registration Certificate. Failure to do so will result in a penalty of Rs. 10,000/- per month or part thereof. In case of delay of more than 03 months in implementing this milestone, the against the petitioner learned Assistant 3 Preliminary Registration Certificate will automatically stand cancelled. In unavoidable circumstances, the validity of said Preliminary Registration Certificate may be extended by the Appellate Authority on its discretion or decision.” (c) The petitioner filed an appeal before the 1 06.06.2025 as per Clause 4(f) of the contract. ( Pending the appeal, the 2"'^ respondent by proceedings vide Lr.R.No.18021/5/2024/RSC, dated 12.06.2025, intimated the petitioner that PRC has been cancelled with effect from 07.06.2025 in terms of provision 4(f) ofRFP. St respondent on 3. Clause (f) of the contract, as extracted supra, provides discretion to the Appellate Authority to extend the validity of PRC. The petitioner, in fact, invoked Clause (f) and filed an appeal and requested the appellate authority. Learned Assistant Government Pleader would contend that the proceedings impugned are only intimation, but not an order in terms of Clause 4(f) of REP, and the appellate authority (1®* respondent) will consider and pass appropriate orders on the representation made by the petitioner. I Given the facts and circumstances of the case, without touching the merits of the matter, the writ petition is disposed of directing the learned 1 respondent shall pass to appropriate orders on the appeal/representation made by the petitioner dated 06.06.2025, as expeditiously as possible, preferably within three (3) weeks. There shall be no order as to costs. 4. 5. 6. St As a sequel, pending miscellaneous petitions, if any, shall stand closed, i Sd/- G.HELA NAIDll assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, (Transport Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh I 2. The Transport Commissioner, Andhra Pradesh at N.T.R. Admin Block, Pandit Nehru Bus Station, Vijayawada, N.T.R. District, Andhra Pradesh. 3. One CC to Sri. V Sai Kumar Advocate [OPUC] 4. Two CCs to GP for Transport, High Court of Andhra Pradesh [OUT] 5. Three CD Copies GSC r A HIGH COURT DATED:26/06/2025 I I ! I ORDER WP NO. 15421 OF 2025 DISPOSING THE WP WITHOUT COSTS