IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30390 OF 2024 Between: 1. M/s.C.Gopal Reddy and Company, Having its Office at Plot No.1, Brundavanam Apartment, Opp Govt.Jr.College, Tadipatri, Ananthapur Andhra Pradesh- 515411., Represented by its Managing Director, Chavva Vishnu Vardhan Reddy S/o.Chavva Gopal Reddy, R/o.Tadipatri, Ananthapuram District, A.P-515411 2. Chavva Gopal Reddy, S/o.C.Adi Narayana Reddy Aged about 62 Years, R/o. Plot No.1, Brundavanam Apartment, Opp Govt.Jr.Colleg e, Tadipatri, Ananthapur, Andhra Pradesh- 515411 3. Chavva Mounika, W/o. M.Dileep Kumar Reddy Aged about 28 Years, R/o. Plot No.1, Brundavanam Apartment, Opp Govt.Jr.College, Tadipatri, Ananthapur, Andhra Pradesh- 515411. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Transport Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Deputy Transport Commissioner, Ananthapuram, A.P 4. The Regional Transport Authority, Rep.by its Regional Transport Officer, Ananthapuramu, Andhra Pradesh. 5. The District Transport Officer, Ananthapuramu District, A.P The Motor Vehicles Inspector Ananthapuram, Ananthapuramu District. Andhra Pradesh. 7. The Motor Vehicles Inspector Unit Office, Tadipatri, Ananthapuramu District, Andhra Pradesh. 8. The Motor Vehicles Inspector Unit Office, Guntakal, Ananthapuramu District Andhra Pradesh. 9. The Station House Officer (SHO), I Town Police Station, Ananthapuramu, A.P The Station House Officer, (SHO), Town Police Station, Tadiptri Town, Anantapur Dist, A.P 10. 11. The Station House Officer(SHO), Orvakal Police Station, Kurnool District, A.P ...Respondents 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, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 4'*^ Respondent herein in issuing proceedings vide R.No’s. AP0020502992020, AP0020503212020, AP0020503162020, AP00205003172020, AP0020503052020, AP0020503152020, even dated. 26. 11. 2024 and proceedings vide AP0020503042020 dated.22.11.2024 and AP0020502972020, AP0020502982020, dated. 13.07.2022 respectively cancelling the Registration Certificate/s of Petitioners Motor Vehicles bearing Registration No S.AP02TH3600, AP39TC5776, AP39TC9209, AP39TC6069, AP02TH4780, AP39V4773, AP39V4778, AP39V4772, AP02TH4174, AP39V4775, AP02TH4175, AP02TH4035, AP02TH4161 respectively and the seizure of the said 13 vehicles bearing Registration Nos. AP02TH3600, AP39TC5776, AP39TC9209, AP39TC6069, AP02TH4780, AP39V4773, AP39V4778, AP39V4772, AP02TH4174, AP39V4775, AP02TH4175, AP02TH4035, AP0020503222020, AP0020503142020, AP0020503232020, AP0020503112020, even even AP02TH4161 by the Respondent Nos 6 to 8 herein respectively as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988, violative of principles of Natural Justice and Articles 14. Constitution of India consequently set-aside the release the Petitioner’s 13 vehicles bearing Registration Nos. AP02TH3600, AP39TC5776, AP39TC9209, AP39TC6069, AP02TH4780, AP39V4773, AP39V4778, AP39V4772, AP02TH4174, AP39V4775 AP02TH4035, AP02TH4161 for selling the same as scrap by retaining the Chassis Number Portion. and direct the Respondents to same AP02TH4175, lA NO: 1 OF 2024 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 may be pleased to direct the Respondent Nos. 2 to 8 herein to release the Petitioner’s 13 vehicles bearing Registration No’s.AP02TH3600, AP39TC5776 AP39TC9209, AP39TC6069, AP02TH4780, AP39V4773, AP39V4778, AP39V4772, AP02TH4174, AP39V4775, AP02TH4175, AP02TH4035, AP02TH4161 for selling the same as scrap by retaining the Chassis Number Portion, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. CKR ASSOCIATES Counsel for the Respondent Nos. 1, 3 to 8: GP FOR TRANSPORT Counsel for the Respondent Nos. 2, 9 to 11: GP FOR HOME The Court made the following order: APHC010577012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 F-Tife.r [3329] 0[fe£ THURSDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT petition NO: 30390/2024 Between: M/s.c.gopal Reddy And Company, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): ...RESPONDENT(S) 1.CKR ASSOCIATES Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR TRANSPORT The Court made the following: A I. / JHE HON’BLE_SR| JUSTir^^|-,.||^ATF.qWARLU NIMMAGADDA WRilPETmON Mn .-^0390 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 4 Respondent herein in issuing proceedings vide R.Nos. AP0020502992020, AP0020503212020, AP0020503222020, AP0020503232020, AP0020503162020, AP0020503142020, AP0020503112020, AP00205003172020, AP0020503052020, AP0020503152020, even dated 26.11.2024 and proceedings vide AP0020503042020 even dated 22.11.2024 and AP0020502972020, AP0020502982020, even dated 13.07.2022 respectively cancelling the Registration Certificate/s of Petitioners Motor Vehicles bearing Registration NOS.AP02TH3600, AP39TC6069, AP39V4772, AP02TH4035, AP02TH4161, respectively and the seizure of the said 13 vehicles bearing Registration Nos. AP02TH3600, AP39TC5776, AP39TC9209, AP39TC6069, AP02TH478,6 AP39V4773, AP39V4778, AP39V4772, AP02TH4174 AP39V4775, AP02TH4175, AP02TH4035, AP02TH4161 by the Respondent Nos. 6 to 8 herein respectively as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988, violative of principles of NaturalJustice and Articles 14, 19 and 21 of the Constitution of India consequently set aside the same and direct the Respondents to release the Petitioners 13 vehicles bearing Registration AP02TH3600, AP39TC5776, AP39TC9209, AP39TC6069, AP02TH4780, AP39V4773, AP39V4778, AP39V4772, AP02TH4174, AP39V4775, AP02TH4175’ AP02TH4035, AP02TH4161 for selling the same as scrap by retaining the Chassis Number Portion and to pass such other order orders...” th AP39TC5776, AP02TH4780, AP39V4773, AP02TH4174, AP39V4775, AP39TC9209, AP39V4778, AP02TH4175, Nos. or 2. Heard learned counsel for petitioners, learned Government Pleader for Transport and learned Government Pleader for Home appearing for the respondents. .V( ■■ ,.’A When the matter is taken up for hearing, learned counsel for the petitioners would submit that the issue involved in this Writ Petition is squarely covered by the order dated 07.09.2022 passed by this Court in Writ Petition No.24009 of 2022 and requested to pass a similar order in this writ petition also. For better understanding the operative portion of the said order reads as 3. \ 4. follows: 1. “...The respondent authorities are directed to dismantle the vehicle in the presence of the petitioner or his representatives after duly video recording the entire process along with safeguarding the chasis and engine numbers of the vehicle. 2. After process of scrapping the vehicle is completed, the said scrap shall be handed over to the petitioners under a cover of panchanama. 3. This process should be videographed and the videographs are to be kept in sealed covers and handed over to the custody of the trial Court before whom said criminal complaints are pending. This process is to be completed within a period of six weeks from the date of receipt of a copy of this order. 4. It would be open to the investigating officer to conduct such proceedings as may be necessary to ensure that the entire process is properly recorded and the said record shall be kept in the custody of the Criminal Court before whom the complaints are pending " The same is not disputed by learned Government Pleader for Transport and learned Government Pleader for Home appearing for the respondents. 5. In view of the same, let there be a similar order in this case, following 6. the identical lines as in Writ Petition No.24009 of 2022, dated 07.09.2022. In the result. In view of the above, this writ petition is disposed of at the 7. admission stage with the following directions: 1. The respondent vehicle in the authorities are directed to dismantle the of the petitioners or their presence representatives after duly video recording the entire process along with safeguarding the chasis and engine numbers of the vehicle. 2. After process of scrapping the vehicle is completed, the said scrap shall be handed over to the petitioners under a cover of panchanama. 3. This process should be videographed and the videographs are to be kept in sealed covers and handed over to the custody of the trial Court before whom said criminal complaints are pending. This process is to be completed within a period of six weeks from the date of receipt of a copy of this order. 4. It would be open to the investigating officer to conduct such proceedings as may be necessary to ensure that the entire process is properly recorded and the said record shall be kept in the custody of the Criminal Court before whom the complaints are pending. Registry is directed to enclose a copy of the order dated 07.09.2022 passed in W.P.No.24009 of 2022 to this order. 8. Miscellaneous petitions, if any pending, in this case, shall stand closed. i; Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Transport Department, State of Andhra Pradesh, Secretariat, Velagap»Jdi, Amaravati, Guntur District. 2. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Deputy Transport Commissioner, Ananthapuram, A.P 4. The Regional Transport Authority, Rep.by its Regional Transport Officer, Ananthapuramu, Andhra Pradesh. 5. The District Transport Officer, Ananthapuramu District, A.P 6. The Motor Vehicles Inspector, Ananthapuram, Ananthapuramu District, Andhra Pradesh. 7. The Motor Vehicles Inspector, Unit Office, Tadipatri, Ananthapuramu District, Andhra Pradesh. 8. The Motor Vehicles Inspector, Unit Office, Guntakal, Ananthapuramu District Andhra Pradesh. 9. The Station House Officer (SHO), I Town Police Station, Ananthapuramu, A.P The Station House Officer, (SHO), Town Police Station, Tadiptri Town, Anantapur Dist, A.P 10. 11. The Station House Officer(SHO), Orvakal Police Station, Kurnool District, A.P 12. One CC to M/s. CKR Associates Advocate [OPUC] Two CCs to GP for Transport, High Court Of Andhra Pradesh. 13. [OUT] Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] Three CD Copies 14. 15. GSC (Along with a copy of the order dated 07.09.2022 passed in WP No. 24009 of 2022) HIGH COURT DATE 0:02/01/2025 ORDER WP.No.30390 of 2024 Of AND^ O 5 2 ii JAN 2125 ■lo Co Curreni Section DISPOSING OF THE WP WITHOUT COSTS 1 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION Nq^24U0?_of20M ORDER:- to be filed under Article The present Writ Petition came 226 of the Constitution of India seeking the following relief; order or direction more the nature of Writ of “to issue a writ, particularly one in Mandamus declaring that the action of the 2"^ vide order respondent Rc.No.20025/42/V3/2021, dated 17.02.2022 confirming the order passed by the Respondent vide Memo R.No.3654/Al/2020, dated 05.01.2021 cancelling the Registration Certificate of Petitioner’s Motor Vehicle bearing No.AP 02 TH 3606 and consequent seizure of the said vehicle by the 4th respondent and subsequent order issued by the respondent R.NO.AP0070817752020, dated issuing in vide herein 16.07.2020 as illegal, arbitraiy, contrary to the of Motor Vehicles Act, 1988, violative provisions of principles of natural justice and Articles 14, r 2 19 and 21 of the Constitution of India and consequently set aside the same directing the 3rd and 4dr respondents herein to release the Petitioner’s vehicle bearing No.AP 02 TH 3606 and pass such other order or orders 2. The case of the petitioner, in brief, is that petitioner is registered owner of transport lorry bearing No.AP 02 TH 3606 having purchased the same on 09.10.2018 from M/s. C. Gopal Reddy & Company. Subsequent to purchase of the subject vehicle, petitioner made application in accordance with provisions of M.V. Act, to get transfer of the ownership of the vehicle from M/s. C.Gopal Reddy & Company onto his name. Respondent No.4 issued certificate of fitness and certificate for National Permit for the vehicle. After completion of procedure prescribed under the M.V. Act and Rules, the subject vehicle was registered in the name of the petitioner by respondent No.4 on 09.11.2018 and petitioner is paying quarterly tax as per provisions of the Andhra Pradesh Vehicles Taxation Act, 1963. 3 3. The further case of the petitioner is that respondent No.3 issued show cause notice to the petitioner vide R.NO.3606/A1/2020, dated 19.12.2020 stating that M/s. C. Gopal Reddy & Company obtained registration of Motor Vehicles by submitting false and fake documents violation of Section 179 of the M.V. Act and directed petitioner to submit his explanation within seven days. Accordingly, petitioner submitted explanation to respondent No.4 in the 28.12.2020, but respondent No.4, without considering petitioner’s explanation issued vehicle on check report No. AP 307/Feb 2020/049724, dated 18.02.2020 and seized the vehicle by imposing compounding fee 5,000/-. Though petitioner agreed to of Rs. pay compounded fee of Rs.5,000/-, respondents are reluctant to receive the same. 4. As the matter stood thus, respondent No.3 issued reply notice, dated 10.03.2020 to the lawyer notice issued by the petitioner on 03.03.2020, wherein it was stated about the undertaking given by the petitioner and further intimated that petitioner is liable for charges under provisions of M.V. 4 Act and Rules made thereunder, lodged a complaint against his & Company for the offences i III emission standard vehicles Immediately petitioner vendor, M/s. C. Gopal Reddy involving cheating for selling BS- as BS-IV emission vehicles by creating fake and fabricated documents for wrongful gain and basing on the said complaint a crime was registered. 5. While respondent No.3 herein by proceedings dated 05.01.2021, so. R.No.3654/A1/2020, cancelled the registration certificate of petitioner’s vehicle under Section 55(2) of the M.V. Act. Against the filed appeal before said proceedings, petitioner respondent No.2 and the rejected by order, dated 17.02.2022 same was passed in Rc.No.20025/ 42/V3/2021, which is impugned in the present writ petition. 6. Heard Challa Gunaranjan, learned counsel for petitioner and Sri K. Narsi Reddy, learned Pleader for Transport, for the respondents. the Government 7. Learned counsel for the petitioner submits issuing show cause notice under Section that without 55 (3) of the M.V. 5 Act, the authorities the order impugned on 16.07.2022. He would further contend that cancellation of registration of motor vehicle is without any basis and without proper enquiry undertaken by respondent No.3. passed 8. On the other hand, learned Government Pleader would submit that the vehicle bearing No.AP 02 TH 3606 was registered with fabricated documents and it cannot ply on road in view of the orders, dated 29.03.2017 of the HonTDle Apex Court in W.P. (Civil) No. 13029 of 1985. He would also submit that after considering the objections of the petitioner. respondent No.3 passed the order and the same was confirmed by respondent No.2. He would further contend that the subject vehicle bearing chasis N0.MBIHTLFD8HPEY 3354 and engine No.HEPZl 14899 is having BS-III emission standards, which is prohibited from manufacture or sale from 01.04.2017 onwards as per the orders of the HonT^le Apex Court referred to supra. However, the subject vehicle was registered on 27.09.2018 i.e. after 01.04.2017 and existence 6 N of the vehicle is danger to public health and hazard to road safety. 9. During the course of arguments, learned counsel for the petitioner would confine his arguments to the extent that the petitioner is permitted to dismantle the subject vehicle and to sell the scrap of the same. 10. Since learned counsel for the petitioner confined his argument to dismantle the vehicle this Court deems it appropriate to dispose of this writ petition with the following directions without going into merits of the matter. 11. In view of the above, this writ petition is disposed of at the admission stage with the following directions: 1. The respondent authorities are directed to dismantle the vehicle in the presence of the petitioner or his representatives after duly video recording the entire process along with safeguarding the chasis and numbers of the vehicle. engine 7 2. After process of scrapping the vehicle is completed, the said scrap shall be handed over to the petitioners under a cover of panchanama. 3. This process should be videographed and the videographs are to be kept in sealed covers and handed over to the custody of the trial Court before whom said criminal complaints are pending. This process is to be completed within a period of six weeks from the date of receipt of a copy of this order. 4. It would be open to the investigating officer to conduct such proceedings as may be necessary to ensure that the entire process is properly recorded and the said record shall be kept in the custody of the Criminal Court before whom the complaints are pending. Miscellaneous petitions, if any pending, in this case. shall stand closed. JUSTICE SUBBA REDDY SATTI Date : 07.09.2022 ikn