IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 12352 of 2000 Between: B Shafiullah, S/o Basheer Sab, R/o Azadnagar, Hindupur, Ananthapur District ..... PETITIONER AND The Regional Transport Officer Hindupur, Ananthapur District .....RESPONDENT 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 Writ of Certiorari by calling for the records from the file of the respondent in Memo No. C.N.3535/A1/2000 and quash its order dt. 30/6/2000 made therein, directing the Petitioner to increase the seating capacity of his bus K.S. 06/6362 from 38 to 48 in all with a direction to transfer the above bus with 38 seating capacity to the petitioner immediately. Counsel for the Petitioner:MR.T.VENKATA RAMANA Counsel for the Respondent: GP FOR TRANSPORT The Court made the following O R D E R: The petitioner, who is the purchaser of bus bearing No.K.A.06/6362, when applied for transfer of ownership of the vehicle, the respondent issued the impugned memo dated 30.06.2000 instructing to increase the seating capacity of the vehicle and produce the vehicle. This Court in a batch of cases held that Rule 334 of A.P.Motor Vehicle Rules, 1989, is not applicable for the vehicles registered on or before 01.09.1989. In that view of the matter, the impugned memo to the extent of directing the petitioner to increase the seating capacity is set aside and the respondent is directed to consider the application without insisting for seating capacity. Accordingly, the writ petition is disposed of. No costs. _____________ 23.06.2005 usd To 1 The Regional Transport Officer Hindupur, Ananthapur District 2. Two CCs to G.P. for Transport, High Court of A.P., Hyderabad(OUT). 3. Two CD copies.