APHC010315992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16068/2025 Between: 1. KURELLA PEDAKAPU, S/O. NAGESWARA RAO AGE 55 YEARS, OCC OWNER OF THE VEHICLE BEARING NO. AP05TC3348 R/O. 4- 424/4, KALIKRISHNA NAGAR, RAJAHMUNDRY RURAL, EAST GODAVARI DISTRICT-533101 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE TRANSPORT COMMISSIONER, NTR ADMINISTRATIVE, PN BUS STATION, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL TRANSPORT AUTHORITY, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, (SHO), GOKAVARAM POLICE STATION, EAST GODAVARI DISTRICT. ...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 issue a Writ, One in the nature of a Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents more specifically Respondent No. 3 and 4 are blocking the petitioner's vehicle bearing No. AP05TC3348 in the Vahan Portal in pursuance of FIR No. 276 of SRS,J W.P.No.16068 of 2025 2024 of Gokavaram Police Station, East Godavari District and not allowing RTO Services i.e. renewal of Registration and Fitness certificate without involvement of the petitioners vehicle in the FIR as illegal, arbitrary and violative of Article 14, 21 of Constitution of India and violative of Principles of Natural Justice consequently direct the respondents No.3 and 4 to permit the petitioner vehicle bearing No. AP05TC3348 for RTO Services and i.e. renewal of registration and Fitness certificate by unblocking the Vahan Portal forthwith and pass IA 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 direct the respondents No.3 and 4 to permit the petitioner vehicle bearing No. AP05TC3348 for RTO Services i.e. renewal of registration and Fitness certificate by unblocking the Vahan Portal forthwith and pass Counsel for the Petitioner: 1. Y.LATCHANNA Counsel for the Respondent(S): 1. Y.LATCHANNA Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following: :: ORDER :: Heard Sri Vijay, learned counsel representing Sri Y. Latchanna, learned counsel for the petitioner and Sri Rasheed, learned Assistant Government Pleader for Roads & Buildings, appeared for respondents 1 to 3 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondent No.4. 2. The petitioner is the registered owner of the vehicle bearing No.AP05 TC 3348 (Tata Motors Limited), purchased on 23.04.2013 by taking finance from Indostar Capital Finance Limited. The petitioner approached Respondent No. 3 for the renewal of the vehicle and to issue a fitness certificate. As per SRS,J W.P.No.16068 of 2025 the online status, the petitioner came to know that the application could not be accepted and the reason mentioned as “Can’t Inward Application because of Vehicle is Blacklisted due to Reason [POLICE CASE] Dated [ 03-Dec-2024 ] in State [ Andhra Pradesh ] at Office [ Rajahmundry RTC ]”. Aggrieved by the said action, the above writ petition has been filed. 3. Sri Rasheed, learned Assistant Government Pleader submitted the instructions of respondent No.2. A perusal of the instructions would reveal that the Sub-Inspector of Police, Gokavaram Police Station, East Godavari District, informed the authority that four vehicles are involved in a case in Cr.No.276 of 2024 of Gokavaram Police Station for the offence punishable under Sections 419, 420, 467, 506 r/w 34 of IPC. Since the police requested to hold the transfer/re-registration, the application of the petitioner could not be processed. Learned counsel for the petitioner in reply would submit that in similar circumstances, the owner of another vehicle bearing No.AP37 W0005 (Ashok Leyland) filed W.P.No.4451 of 2025, filed writ petition. A coordinate bench of this Court disposed of the writ petition on 24.02.2025, directing the respondents not to interfere with the possession and enjoyment of the vehicle of the petitioner therein. 4. Thus, as seen from the copy of the FIR filed as Ex.P3, there are disputes regarding the business transactions between the petitioner and others. This Court is not going into the aspect of investigation by the police at this juncture. Not re-registering the vehicle and issuing a fitness certificate on the instructions of the police, in the considered opinion of this Court, is illegal and arbitrary. Unless the vehicle is re-registered and a fitness certificate is issued, the petitioner cannot operate the vehicle, and this will affect the condition of the vehicle itself. It is not the case with respondents 2 & 3 that the petitioner is SRS,J W.P.No.16068 of 2025 requesting the authority to change the ownership. In the absence of change of the ownership, blacklisting the vehicle, effects the livelihood of the petitioner. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondent No.3 to renew the vehicle bearing No.AP05 TC 3348 (Tata Motors Limited), and issue a fitness certificate, strictly following the procedure. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 03.07.2025 TVN SRS,J W.P.No.16068 of 2025 256 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.16151 OF 2025 Date : 03.07.2025 TVN