THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.29804 OF 2011 Dated:11.11.2011 Between: N.Sasikar .. Petitioner And The Joint Transport Commissioner and Secretary, Regional Transport Authority, Somajiguda, Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.29804 OF 2011 ORDER: (Per Hon’ble Sri Justice V.V.S. Rao) The petitioner is the owner of Contract Carriage Vehicle bearing No.AP/09X – 9339. He paid the quarterly tax at the rates applicable as per Schedule I (as amended by G.O.Ms.No.68, dated 13.04.2006) for the quarter ending for 31.12.2011. He has obtained a demand draft for Rs.1,18,130/-. When the same was submitted to the second respondent, he refused to take the same on the ground that a check report is pending. It is the case of the petitioner that when the vehicle was plying near Ravulapalem, the Motor Vehicle Inspector inspected the vehicle under check report dated 18.02.2011 on the ground that though the permit was obtained for Contract Carriage, the vehicle was being plied as Stage Carriage. This led to issuance of a show cause notice dated 27.08.2011 by the second respondent to which the petitioner has yet to submit his explanation. It is now brought to our notice by the counsel for the petitioner that yesterday the petitioner submitted his explanation to the show cause notice. Be that as it is, the petitioner would contend that the pendency of the proceedings under Section 3-A of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (for brevity, the Act) has nothing to do with the statutory obligation cast upon the permit holder to pay the quarterly tax as per Section 4(1) of the Act. The Government Pleader for Transport, Roads and Buildings, does not seriously dispute the contention of the petitioner. We are convinced that the proceedings initiated under Section 3-A of the Act pursuant to the check report dated 18.02.2011 have nothing to do with the obligation cast on the permit holder to pay the quarterly tax in advance. A Photostat copy of the bank D.D.No.925486, dated 29.10.2011, drawn on Karur Vysya Bank, S.R.Nagar branch is placed before this Court. Therefore, we direct the second respondent to forthwith accept the motor vehicle tax for the quarter ending 31.12.2011. This, however, will not prejudice the proceedings initiated pursuant to the show cause notice, dated 27.08.2011. The writ petition is accordingly disposed of. There shall be no order as to costs. ________________ (V.V.S. RAO, J) _____________________ (SANJAY KUMAR, J) 11.11.2011 Note:- Dispatch C.C. by 11.11.2011 (B/o) KH