IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4263 of 2008 Between: Smt. N. Rama Devi W/o N. Ramgopal, Room No.1 Press Club Buildings, Near Fire Station, Hindupur, Ananthapur District ..... PETITIONER AND 1 Motor Vehicles Inspector, Ananthapur. 2 Regional Transport Officer, Hindupur. .....RESPONDENT(S) 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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the 1st respondent herein in canceling the fitness Certificate of the vehicle bearing registration No. AP02/v 5771 under Check report no. 449054, dated 25-02-2008 as illegal, and without jurisdiction and violative of basic principles of natural justice and consequently set-a side the C.F.X Notice issued in respect of the said vehicle and grant such other relief or reliefs deems fit and just. Counsel for the Petitioner:MR.P.RAJAGOPALA CHARY Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4279 of 2008 Between: Smt. N. Rama Devi W/o N. Ramgopal, M/s. SBRS Travels, 8/576, Main bazar, Tadipatri Ananthapur District ..... PETITIONER AND 1 Motor Vehicles Inspector, Ananthapur. 2 Deputy Transport Commissioner & Secretary, Regional Transport Authority, Ananthapur. .....RESPONDENT(S) 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 of Mandamus or any other appropriate Writ, order or direction declaringthe action of the 1st respondent herein in canceling the fitness Certificate of the vehicle bearing registration No. AP02/W6678 under Check report no. 449053, dated 25-02-2008 as illegal, and without jurisdiction and violative of basic principles of natural justice and consequently set-a side the C.F.X Notice issued in respect of the said vehicle and grant such other relief or reliefs deems fit and just. Counsel for the Petitioner:MR.P.RAJAGOPALA CHARY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. Nos. 4263 and 4279 of 2008, Common order: The petitioner is the owner of contract carriage vehicles bearing registration Nos. AP 02/V 5771 and AP 02/W 6678. The said vehicles were granted contract carriage permits by the respondents, which are valid up to 09.11.2011 and 03.04.2012 respectively. The seating capacity of the said vehicles is 30 and 31 in all. The petitioners paid tax for the said seats till the quarter ending 31.03.2008. The said vehicles were also given Fitness Certificates to ply. While the petitioners were plying the said vehicles, checks were exercised by the 1st respondent on 25.02.2008 respectively, and on physical verification found that the petitioner has altered the seating capacity to that of berths. The respondents stating that the said alteration of seats into berths is in violation of the provisions of Section 56(4) of the A.P. Motor Vehicles Act, 1988, issued CF X notice and cancelled the Fitness Certificates issued to the said vehicles. The said cancellation of Fitness Certificates by the respondents is the subject matter of the present writ petitions. The learned counsel for the petitioner submitted that the impugned orders passed by the respondents cancelling the Fitness Certificates of the vehicles is without any notice and without providing any opportunity to the petitioner, and the same being violative of the principles of natural justice, is liable to be set aside. The respondents filed counter contending that since the petitioner by altering the seating capacity of the vehicles to that of berths had violated the provisions of Section 56(4) of the A.P. Motor Vehicles Act, 1988, the respondents cancelled the said certificates, and no exception can be taken thereto. It is further stated that no notice is required to be given before cancelling the Fitness Certificates, which is done in greater public interest. Though the respondents in their counter have taken the above stand, but both the counsel for the petitioner, the learned Government Pleader for Transport and the Joint Commissioner of Transport, who was physically present in the Court, agreed for disposal of the writ petitions without going into the legal issue involved in the writ petitions, namely whether the petitioners are entitled for issuance of notices before cancellation of the Fitness Certificates of the vehicles, with the following directions: The respondents shall release the vehicles to the petitioner forthwith. Upon release of the vehicles, the petitioner shall rectify the violations pointed out by the Motor Vehicles Inspector in his check reports. Thereupon, she shall produce the vehicles before the Registering Authority for obtaining Fitness Certificates. Until she rectifies the violations, the petitioner shall not be permitted to ply the vehicles. Accordingly, the writ petitions are disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 13th March, 2008. Note: Issue CC today. (B/O) KSR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}