IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 25016 of 2008 Between: Nadera Khatoon W/o. Yonus Ahmed R/o. H.No.14-9-430/B/5, Miralam Filter, Hyderabad. ..... PETITIONER AND 1 The Joint Transport Commissioner & Secretary, Regional Transport Authority, Khairtabad, Hyderabad. 2 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Medak District at Sangareddy. 3 The Asst. Motor Vehicles Inspector, Zaheerabad Check Post, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in insisting to pay the tax from the date of No Objection Certiﬁcate in respect of petitioner's vehicle bearing No. MH/02XA-0426 as illegal, arbitrary and contrary to law and consequently direct the respondents to accept the tax from 2.11.2008 i.e., the date of entry of the petitioner's vehicle into the A.P. State (for the months of November & December 2008). Counsel for the Petitioner: SRI B.SIVA RAMA KRISHNAIAH Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:25016 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is ﬁled seeking to declare the action of the respondents in insisting to pay the tax from the date of ‘No Objection Certiﬁcate’ in respect of petitioner's vehicle bearing No.MH/02XA-0426, as illegal and arbitrary and consequently direct the respondents to accept the tax from 2.11.2008 i.e., the date of entry of the petitioner's vehicle into the A.P. State (for the months of November & December 2008). It is the case of the petitioner that the petitioner has purchased the vehicle in question from M/s Bombay Motors, Mumbai and that the owner of the vehicle handed over the vehicle on 1.11.2008 and when the vehicle reached the border check post on 2.11.2008, the respondents stopped it and though the driver of the vehicle oﬀered to pay tax for the months of November & December, 2008, the 3rd respondent refused to accept the same and allow the vehicle to enter into the State. Heard the learned Counsel for the petitioner and the learned Government Pleader for transport and perused the material available on record. The learned Counsel for the petitioner submitted that the petitioner is ready to pay tax for two months viz., from 2.11.2008 to 31st December, 2008 and on such payment, the respondents may be directed to permit the entry of the vehicle in question into A.P. State. In view of the facts and circumstances of the case, We feel it a ﬁt case wherein the respondents can be directed to permit the entry of the vehicle in question into the State of A.P., but subject to certain conditions. Accordingly, the respondents are directed to permit the entry of the vehicle into the State of A.P. subject to the condition of the petitioner paying tax for two months viz., from 2.11.2008 to 31.12.2008. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________________ Justice Ramesh Ranganathan Date: 14th November, 2008 Note: Communicate by wire At party’s costs (BO) Nn/Gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 25016 of 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 14.11.2008