IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 19102 of 2008 Between: Ameeruddin Academy of General, Technical and Professional Educational Society, Sanjeeva Reddy Nagar, Giddalur, Prakasam District, Rep by its Correspondent & Secretary Smt. S.Mehatab,W/o. S.A.K.Mynoddin, aged about 39 Years, R/o. Giddalur, Prakasam District. ..... PETITIONER AND 1 The Regional Transport Officer, Ongole, Prakasam District. 2 The Regional Transport Authority. Rep by its Secretary, Ongole, Prakasam District, .....RESPONDENTS 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 more particularly one in the nature of writ of Certiorari, calling for the records pertaining to impugned Memo Nos.5406/A2/07 dt. 28-09-2007 & dt. NIl-11- 07 and Quash the same, consequently direct the respondents herein to grant and issue permit and other necessary certiﬁcates so as to ply the vehicle No.KA 36M 0592 for the purpose of petitioner college, and pass Counsel for the Petitioner: MR.S.A.RAZAK Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER(PER T HE HON’BLE SMT . JUST ICE T .MEENA KUMARI) Seeking a writ of certiorari, calling for the records pertaining to impugned Memo Nos. 5406/A2/07 dated 28.9.2007 and November, 2007, whereby the petitioner was called upon to pay tax and penalty within ﬁfteen days therefrom and consequently to direct the respondents herein to issue permit and other necessary certiﬁcates enabling it to ply the vehicle bearing registration No.KA-36-M-0592 to cater to the needs of the petitioner college, the present writ petition is filed. The petitioner which is a Muslim Minority College has purchased the vehicle bearing Registration No.KA-36/M-592 on 23.5.2005 from Navodaya School, Rayachur and after paying entire consideration, No objection Certiﬁcate was obtained on 27.12.2005 from the RTO, Rayachur and it was brought to the petitioner college on 17.7.2006 by toeing to another lorry and subsequently applied for registration certiﬁcate and permit enclosing all the relevant documents, which was returned raising a demand for payment of tax of Rs.43,032/- and penalty of Rs.17,177/-, which was assailed by the petitioner in WP No.18667 of 2006. Subsequently, the ﬁrst respondent issued Memo dated 24.11.2006 requiring the petitioner to produce the vehicle before Motor Vehicle Inspector, Markapur after paying tax and penalty of Rs.80,009/-. Assailing the same, the petitioner ﬁled WP No. 25459 of 2006 and this court allowed both the said writ petitions by order dated 30.4.2007. Consequent thereto, the ﬁrst respondent issued Memo dated 31.5.2007 requiring the petitioner to produce the vehicle before the Motor Vehicle Inspector, Markapur. Thereafter ownership of the vehicle was transferred to the petitioner on 9.8.2007, but no permit was issued to ply the vehicle, as such the petitioner submits that the very purpose of purchasing the vehicle is being defeated. While so, the ﬁrst respondent issued the impugned order calling upon the petitioner to pay tax and penalty. Hence, the writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. It is submitted by the learned counsel for the petitioner that though the petitioner has paid quarterly tax of Rs.1360/- on 12.9.2007 apart from making payment of earlier tax of Rs.900/- on 17.8.2006 and Rs.200/- on 9.8.2007, the respondents have not granted permit to ply the vehicle and the very purpose of purchasing the vehicle is being defeated and the vehicle, if kept idle, may be rendered useless. Whereas, the learned Government Pleader on instructions submits that the respondent authorities are contemplating to issue fresh show cause notice to the petitioner. Having regard to these facts and the recording the submission of the learned Government Pleader, we do not ﬁnds any cause of action for the present. Consequently, the writ petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan September 22, 2008 MAS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}