IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4337, 4328 and 5696 of 2008 WRIT PETITION NO : 4337 of 2008 Between: Ghouse Pasha S/o. Late Abdul Majeed, No.C-24 Fort Bus Stop, Kalasapalyam, Bangalore - 5600002. ..... PETITIONER AND 1 Motor Vehicles Inspector, Regional Transport Authority, Hyderabad ( West Zone ) 2 Secretary Regional Transport Authority, Hyderabad. .....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 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. KA- 01-C614 under check reporrt No.2807770, dated 18-02-2008 and the consequential seizure of the said vehicle as illegal, and witt\hout jurisdiction and violative of basic principles of natutral justice and consequently set aside th eC.F.X. Notice issued in respect of the said vehicle by releasing th esaid vehicle and grant such other Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4337, 4328 and 5696 of 2008 Common order: The petitioners are owners of contract carriage vehicles bearing registration Nos. KA-01-C614, KA-01-AF-1177 and KA-01-AF-2266. The said vehicles were granted contract carriage permits by the respondents, which are valid up to 28.3.2008, 10.08.2008 and 10.8.2008 respectively. The seating capacity of the said vehicles ranges from 32 to 39 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 18.02.2008, 19.2.2008 and 19.2.2008 respectively, and on physical verification found that the petitioners have altered the seating capacity to that of berths, and in some cases created berths above the seats. 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 petitioners 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 petitioners, and the same being violative of the principles of natural justice, is liable to be set aside. In similar batch of writ petitions in W.P. No. 3788 of 2008 and batch, the respondents filed counter contending that since the petitioners by altering the seating capacity of the vehicles to that of berths and in some cases created berths above the seats 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. Today when the matter is taken up, learned counsel for petitioners and learned Government Pleader for Transport submitted that the issue raised in the present writ petition is squarely covered by the orders passed by this Court in W.P.No.3788 of 2008 and batch dated 12.3.2008 and agreed for disposal of the writ petitions in terms of the said orders. The operative portion of the said order reads as under; “Though the respondents in their counter have taken the above stand, but both the counsel for the petitioners, thelearned 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 petitioners forthwith. Upon release of the vehicles, the petitioners shall rectify the violations pointed out by the Motor Vehicles Inspector in his check reports. Thereupon, they shall produce the vehicles before the Registering Authority for obtaining Fitness Certificates. Until they rectify the violations, the petitioners shall not be permitted to ply the vehicles.” Since the issue raised in the present writ petitions is squarely covered by the order passed in W.P No. 3788 of 2008 and batch dated 12.3.2008, following the same, the present writ petitions are disposed of with the following directions; The respondents shall release the vehicles to the petitioners forthwith. Upon release of the vehicles, the petitioners shall rectify the violations pointed out by the Motor Vehicles Inspector in his check reports. Thereupon, they shall produce the vehicles before the Registering Authority for obtaining Fitness Certificates. Until they rectify the violations, the petitioners shall not be permitted to ply the vehicles. Accordingly, the writ petitions are disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 28th March, 2008. TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4337, 4328 and 5696 of 2008 DATE: 28.3.2008