IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 1990 of 1997 Between: G. Muneer Ahmed ..... PETITIONER AND The Regional Transport Officer, Ananthapur. .....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 in the nature of Certiorari calling for the records relating to the Demand Notice issued by R.T.O., Ananthapur, the respondent in R.C.NO.2474/A2/95, dt. 13.12.1996 and to quash the same. Counsel for the Petitioner:MR.JOHN RAJENDRA PRASAD Counsel for the Respondent : G.P. for Transport. The Court made the following ORDER: (Per the Hon’ble Sri Justice Bilal Nazki. J.) The petitioner had stage carriage permit of town service. During an inspection on 23.02.1996, he was found plying the vehicle on muffisil route, other than the permitted route. Therefore, he was charged with the differential rates of tax. It is submitted that the matter is covered by the Judgment of the Larger Bench of this Court in L. Royal Reddy and others v. Government of A.P., wherein it has been held that on violation of a condition of permit, the violator cannot be charged with tax on a rate different than his permit, but, may be proceeded against under the Motor Vehicles Act, 1988, for violation of the conditions of the permit. Following the said Judgment, we set aside the impugned order and allow the writ petition. However, the respondent shall have the liberty to proceed against the petitioner for violation of the conditions of permit, if he so desires. ---------------------------- (BILAL NAZKI. J) ------------------------------ (S. ANANDA REDDY. J) Date: 26.10.2004 Ksld To 1. The Regional Transport Officer, Ananthapur. 2. Two CCs. to the Govt. Pleader for Transport, High Court of A.P.,(OUT) 3. Two CD copies.