IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8837 of 2008 Between: V.K. Siraj, S/o. V.K. Azeez Sab, R/o. Door No. 16-12-A, Tippukhan Street, Hindupur, Anantapur District. ..... PETITIONER AND The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Anantapur, Anantapur District. .....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 an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the impugned order of the respondent dated 02-4-2008 in his proceedings Memo No. 1541/C1/2008, as illegal, arbitrary and contrary to law and further direct the respondent herein to release the Petitioner's Bus Bearing Registration No. AP.02/U.6083 from the coverage of Permit P.SP. No. 19/1990 by issuing Clearance Certificate forthwith enabling the Petitioner to cover the said permit with suitable vehicle. Counsel for the Petitioner: MR.E.MARUTHI RAJA Counsel for the Respondent: GP FOR TRANSPORT The Court made the following : ORDER: This writ petition is filed aggrieved by the order passed by the respondent dated 2.4.2008 refusing to release the vehicle of the petitioner for effecting sale. According to the petitioner, the vehicle, which has stage carriage permit, is not useful to render services and therefore, he decided to dispose of the same by keeping the permit under reserve. Accordingly, he approached the respondent by making appropriate application seeking release of the vehicle from the permit. Thereafter, the respondent by the impugned order rejected the application of the petitioner on the ground that the petitioner sought to keep the permit under reserve. Aggrieved by the same, the petitioner filed the present writ petition. At the time of hearing, the learned counsel for the petitioner submitted that the petitioner is prepared to replace the vehicle with another one within six months. Therefore, he sought for a direction to the respondent for release of the vehicle. The learned counsel also represented that under similar circumstances, this Court granted interim orders directing the respondents therein to release the vehicle from the permit so as to dispose of the same. The learned Government Pleader for Transport, however, sought to contend that there is a remedy of appeal under Section 89 of the Motor Vehicles Act, 1988 and therefore, the petitioner has to approach the appellate authority. However, when he was asked to specify the clause under which an appeal would lie against the impugned order, he was not able to specify and in fact conceded that there is no specific provision for refusing to release the vehicle from permit for disposal. Heard both sides and considered the material on record. The petitioner is only seeking release of the vehicle, which has stage carriage permit, for disposal. Though it was not represented before the authority that he would replace the vehicle with another one, it is represented before this Court that he would replace the vehicle with another one within six months from date of releasing the vehicle in question. In the light of the above undertaking, the permit need not be kept in reserve indefinitely. Therefore, the writ petition is disposed of modifying the order passed by the respondent and directing the respondent to release the vehicle on an undertaking being given by the petitioner that the released vehicle would be replaced by another one within three months. If the petitioner fails to replace the vehicle within three months as undertaken by him, it is always open to the respondent-authorities to take appropriate action as provided under law. No order as to costs. N.V.RAMANA,J DT.22.4.2008 Note: Furnish CC in one week (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Anantapur, Anantapur District. 2 2CCs to G.P. Transport, High Court of A.P. Hyd (OUT) 3 2CD copies