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2026 DAILYLAW 14629 (AP)

The Denduluru Niyojakavargam Lorry Owners Association v. THE STATE OF ANDHRA PRADESH

WP/1254/2026 · 2026-01-28

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010013282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] SATURDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1254/2026 Between: 1. THE DENDULURU NIYOJAKAVARGAM LORRY OWNERS ASSOCIATION, , DENDULURU (REGD.NO.223 OF 2017) 1-9, DENDULURU, WEST GODAVARI DIST., REP.BY ITS PRESIDENT BURUGUPALLI VENKATA KRISHNA RAO ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (TRANSPORT) A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI ANDHRA PRADESH-522238, GUNTUR DISTRICT 2. THE SPECIAL CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH, TRANSPORT, ROADS AND BUILDINGS (TRP.I) DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI ANDHRA PRADESH-522 238, GUNTUR DISTRICT 3. THE TRANSPORT COMMISSIONER, , A.P. TRANSPORT COMMISSIONERATE, 3RD FLOOR NTR ADMINISTRATIVE BLOCK, P.N. BUS STATION VIJAYAWADA-520 013, A.P. 4. UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT SECTION, TRANSPORT BHAWAN 1, PARLIAMENT STREET, NEW DELHI - 110 001 REP. BY ITS UNION SECRETARY TO GOVT, OF INDIA 2 5. THE DISTRICT TRANSPORT OFFICER, CHODIMELLA, ELURU - 534 005, W.G.DIST. ...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 tomay be pleased to issue an appropriate writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction on the part of the 3rd respondent in implementing the Memo No.3071894/115/2025-TRP-l dated 15.12.2025 issued by the 2nd respondent as arbitrary, illegal, unjust, violative of the Fundamental Rights guaranteed to the Petitioner-Association under Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the 3rd respondent to implement the same without any further delay and pass such IA NO: 1 OF 2026 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 5 respondent to permit the Members of the Petitioner-Association to take up Fitness Test at the facilities available with the 5 Respondent in the old Manual Fitness Testing system, pending final disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. DAMARAJU MADHUSUDHAN VIJAY KUMAR Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1254 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction on the part of the 3rd respondent in implementing the Memo No.3071894/115/2025-TRP-l dated 15.12.2025 issued by the 2nd respondent as arbitrary, illegal, unjust, violative of the Fundamental Rights guaranteed to the Petitioner-Association under Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the 3rd respondent to implement the same without any further delay and pass such other order or orders…” 2. The 1st respondent issued a memo vide Memo No.3071894/115/2025- TRP-I, dated 15.12.2025, permitting the Transport Commissioner, Andhra Pradesh, Vijayawada, to allow the old system of giving fitness by the Motor Vehicle Inspector for another six months or commissioning of ATS, whichever is earlier, in the districts where ATS is not available as of now. The memo further indicates that the Transport Commissioner shall closely monitor the progress of installation of ATS in the balance districts and ensure that they are made operations as per the schedule. Now, the present writ petition is filed seeking to implement the said memo. 3. Learned Assistant Government Pleader appearing on behalf of respondent Nos.1 to 3 and 5 furnished written instructions dated 27.07.2026, 4 across the Bench, stating that old Parivahan System was reinstated in eight districts, where ATS is not available as of now. Hence, nothing remains in the writ petition to adjudicate further. 4. Recording the said submissions, the present Writ Petition is closed. However, the Motor Vehicle Inspectors are directed to issue fitness certificates in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29.01.2026 KBN 5 166 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1254 of 2026 Date: 29.01.2026 KBN