HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 13871 of 2009 Date: 20.08.2009 Between: Smt. Mutham Setty Vijaya Nirmala …. Petitioner and The Government of Andhra Pradesh, Transport, Roads & Buildings (Tr.II) Department, Hyderabad rep. By its Secretary & others ….. Respondents HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 13871 of 2009 O R D E R: (per Hon'ble Sri Justice Nooty Ramamohana Rao) This Writ Petition has been filed by the petitioner to declare Sub-Rule (6) of Rule 81 of the Andhra Pradesh Motor Vehicles Rules, 1989, insofar as fixation of 15 days time for production of the vehicle for registration, as illegal, arbitrary and contrary to the provisions of the Motor Vehicles Act, 1988. On 9th April 2009, the writ petitioner approached the 3rd respondent and submitted an application along with a fee of Rs.50,000/- for reserving the Registration No. “AP 16TB 0009” and hence, the 3rd respondent has reserved the said number. In terms of Rule 81, the number will be reserved for 15 days period, so that any other interested party can also apply for the same number within the said period. If there is more than one applicant, for the same number, at the end of the 15 days’ period, an inter se bidding will be conducted between such applicants. Whoever bids the highest amount will be allotted the number. This procedure has been adopted so as to enable the State Government to secure more revenue by way of allotment of certain specified numbers for which the vehicle owners are keen to get them. 15 days’ period, when counted from 9th April 2009, expires by 24th April 2009. Since 23rd April 2009 being the day on which the general elections to both the Parliament and the Legislature of Andhra Pradesh were conducted in Krishna District, the writ petitioner submitted an application on 24th April 2009 asking for allotment of the registration number to her vehicle. That was rejected by an endorsement, dated 28th April 2009, which reads as under: “ The transport registration number AP 16TB 0009 which was reserved on 09.04.2009 has not registered within stipulated time i.e. 15 days from the date of reservation automatically gets cancelled in terms of Rule 81 of A.P.M.V. Rules.” It is clear that the writ petitioner could not have been directed by the respondents to produce her vehicle for inspection before 24th April 2009, as the time for any other bidder seeking the same number has not expired. Until this 15 days period expires, the respondents cannot be certain as to whether the writ petitioner will get the said number or some other interested person will get that number. Until this exercise is completed, the question of inspection of the vehicle does not arise, as the vehicle of the highest bidder will be inspected first. Therefore, when she submitted a representation on 24th April 2009, the respondents are duty-bound to ask her to produce the vehicle for inspection. For the failure to do so, the endorsement given on 28th April 2009 rejecting the claim of the petitioner and consequently, forfeiting a sum of Rs.50,000/- paid by her is improper. In these circumstances, we are not inclined to examine and pronounce our opinion on the legality and validity of Sub-Rule (6) of Rule 81 of the 1989 Rules. We consider it appropriate to direct the writ petitioner to produce her motor vehicle for inspection by the competent authority within seven days from today i.e. on or before 27th August 2009. Upon such production of the vehicle, the authority will inspect the same and then, allot the registration number for which she has paid a sum of Rs.50,000/- towards reservation fee, if no other person solicited the said number. With this, the Writ Petition stands disposed of. No costs. ---------------------------- (GHULAM MOHAMMED,J) ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 20th August 2009 Note: Issue CC in two days. ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}