IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 4297 of 2008 Between: Sri I.Ramanjaneya Reddy S/o.Prasada Reddy R/o.D.No.15-25-15, Peddapuram, East godavari District ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary Regional Transport Authority, East Godavari District at Kakin 2 The Motor Vehicle Inspector, Ananthapur .....RESPONDENT(S) Counsel for the Petitioner: MR.B.SIVA RAMA KRISHNAIAH Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 4297 of 2008 ORDER: This writ petition is filed for a writ of mandamus to set aside vehicle check report No.449379 dated 18.02.2008, whereunder the petitioner’s vehicle bearing No.KA/01B-2776 was seized and fitness certificate was cancelled by respondent No.2. Heard Sri B. Siva Rama Krishnaiah, learned counsel for the petitioner and the learned Government Pleader for Transport. A perusal of the impugned vehicle check report shows that the fitness certificate of the petitioner was cancelled and the vehicle was seized on the allegation that arrangements of berths is not in compliance with Rule 351(A) of the Andhra Pradesh Motor Vehicles Rules, 1989. At the hearing, learned counsel for the petitioner requested the Court to dispose of the writ petition without going into the merits of the case, because, the petitioner is intending to remove the berths, which were allegedly provided contrary to the registration certificate. Learned Government Pleader for Transport says that if the petitioner complies with the conditions of the registration certificate by bringing the seating arrangement in line therewith, the respondents will not have any objection to consider the petitioner’s request for issuing a fresh fitness certificate. Having regard to the respective submissions of the learned counsel, the writ petition is disposed of. Respondent No.1 is directed to release the vehicle in question to the petitioner to enable him to alter the seating arrangement to bring in line with the registration certificate and apply for fresh fitness certificate. The petitioner shall not ply the vehicle till a fresh fitness certificate is applied by him and granted by the competent authority. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.Nos.5599 and 5600 of 2008 filed by the petitioner for interim relief are disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 29.02.2008 Note:- Issue CC today. B/o. ES To 1.2CCs 2.2CD copies