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2025 DAILYLAW 41250 (AP)

MARRE MOUNIKA v. THE STATE OF ANDHRA PRADESH

WP/31619/2025 · 2025-11-13

Gannamaneni Ramakrishna Prasad

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Judgment text

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APHC010609792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31619/2025 Between: 1. MARRE MOUNIKA, MARRE MOUNIKA, W/O. T. SUNNY AGED 24 YEARS, R/O. 43-118-2, SHADI KHANA AJITH SINGH NAGAR, VIJAYAWADA, NTR DISTRICT 2. ARJA TULASI, W/O. ARJA PERAIAH AGED 45 YEARS, R/O. 46-2-36, KUMMARIVARI STREET VIJAYAWADA, NTR DISTRICT. 3. PASEM HIMABINDU, D/O. VENKATESWARLU AGED 28 YEARS, R/O. 4-1-120, CHITTYYA PARK, KL ROAD NAGAR, VIJAYAWADA, NTR DISTRICT 4. SHAIK DILSHAD, W/O. IMRAN AGED 42 YEARS, R/O. 3-1-21/A, NEAR MADINA MASJID, RAMARAJYA NAGAR, VIDYADHARAPURAM, VIJAYAWADA, NTR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, NTR DISTRICT. 2. THE TRANSPORT COMMISSIONER, PANDIT NEHRU BUS TERMINAL, VIJAYAWADA NTR DISTRICT 3. THE DEPUTY TRANSPORT COMMISSIONER, NTR DISTRICT AT 2 VIJAYAWADA 4. THE REGIONAL TRANSPORT AUTHORITY, LABBIPET, VIJAYAWADA, NTR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following ORAL COMMON ORDER: Heard Sri Kambhampati Ramesh Babu, Ld. Counsel for the Writ Petitioners and Sri Abdul Rasheed, Ld. Asst. Government Pleader for Transport. 2. The Writ Petitioners are 4 in number in W.P.No.31619 of 2025. They have purchased ‘CNG Auto Rickshaws’ on 07.03.2025 basing on the relaxation given by the Government vide G.O.Ms. No.8 Transport, Roads & Buildings (TR.1) Department, dated 13.02.2025 (Ex.P.3). It is submitted that the Writ Petitioners have spent amounts out of their pocket and partly they have obtained loan on hire purchase basis from various non-banking financial companies to purchase the CNG Auto Rickshaws. It transpires from the record that on 07.03.2025, the Government has once again issued G.O.Ms.No.13 Transport, Roads & Buildings (TR.1) Department, dated 07.03.2025 (Ex.P.5) keeping the earlier G.O.Ms. No.8 Transport, Roads & Buildings (TR.1) Department, dated 13.02.2025 (Ex.P.4) in abeyance. 3. The Respondents have declined to provide permanent registration to the 4 CNG Auto Rickshaws with CNG as fuel for the reason that the factum of purchase by the Writ Petitioners was reflected in the Vahan Portal only on 18.03.2025. 3 4. Ld. Counsel for the Writ Petitioners has drawn the attention of this Court to the temporary Registration Certificates received by the Petitioners which indicate that the date of purchase of the CNG Auto Rickshaws on 07.03.2025 (Ex.P.1 from Page-20 to 23 of this Paper book). 5. It is the submission of the Ld. Counsel for the Writ Petitioners that the Government Order bearing G.O.Ms.No.13 Transport, Roads & Buildings (TR.1) Department, dated 07.03.2025 (Ex.P.4) issued by the Government on 07.03.2025 cannot have any adverse impact on the purchase made by the Petitioners between on 07.03.2025 inasmuch as the issuance of G.O.Ms.No.13 Transport, Roads & Buildings (TR.1) Department, dated 07.03.2025 (Ex.P.5) for the purpose of keeping in abeyance the G.O.Ms. No.8 Transport, Roads & Buildings (TR.1) Department, dated 13.02.2025 (Ex.P.4) was unknown to the Writ Petitioners. He would also submit that the reflection of the date of purchase in the ‘Vahan Portal’ as 18.03.2025 cannot also be put against the Writ Petitioners in the light of the fact that the Writ Petitioners are able to establish that the purchases of the CNG Auto Rickshaws happened on 07.03.2025. 6. Sri Abdul Rasheed, Ld. Asst. Government Pleader has submitted the Written Instructions furnished by the Joint Transport Commissioner & Dy. Transport Commissioner I/C, NTR District, Vijayawada, dated 13.11.2025. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 7. The Written Instructions would indicate that the reason for declining to register the vehicles is because the factum of purchase by the Writ Petitioners was reflected in the ‘Vahan Portal’ only on 18.03.2025. It is admitted fact that the Petitioners have purchased the CNG Auto Rickshaws on 07.03.2025 (Ex.P.1 from Page-20 to 23 of this Paper book). This Court has perused the temporary Registration Certificates filed as Ex.P.1. Those documents indicate the dates of purchase on 07.03.2025. Therefore, this Court opines that the date reflected in the ‘Vahan Portal’ as 18.03.2025 would 4 have no consequence inasmuch as the Petitioners could clinchingly establish that the purchases have been done on or before 07.03.2025 and therefore, the issuance of G.O.Ms.No.13 Transport, Roads & Buildings (TR.1) Department, dated 07.03.2025 (Ex.P.5) cannot be applied against the Writ Petitioners herein. 8. With these findings, the Writ Petition is allowed. Accordingly, the Respondents are directed to administer permanent registration to the CNG Auto Rickshaws within two weeks from the date of uploading of this Order on the web-site of this Court. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this common order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 14.11.2025 DSV 5 98 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31619/2025 Dt.14.11.2025 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 31619/2025 PROCEEDING SHEET Sl. No DATE ORDER Office Note 01. 14.11.2025 GRKP, J Writ Petition is allowed. (vide separate order) ___________ GRKP, J DSV