IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4155 of 2008 Between: Pinnamaneni Purnachandra Rao, S/o.Kotaiah, R/o. Anantaram Village, Manuguru Mandal, Khammam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Secretary, Transport Department, Hyderabad. 2 The Regional Transport Officer, Khammam, Khammam District. 3 The Assistant Secretary, Road Transport Authority, Kothagudem, Khammam 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, or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not registering the petitioner's tractor bearing No. M.F. 24IDI Eagle "J" Chasis 126800 Engine No. S325 36996 as illegal, arbitrary and violative of Principles of Natural Justice and pass Counsel for the Petitioner: MR.PULLA RAO YELLANKI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following: Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4155 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of respondent No.3 in not registering the petitioner’s tractor bearing No.M.F.24IDI Eagle ‘J’, Chasis 126800 Engine No.S32536996, as illegal and arbitrary. Heard Sri Pulla Rao Yellanki, learned counsel for the petitioner and learned Asst.Govt.Pleader for Transport. The petitioner claimed to have purchased a tractor from M/s.Tractors and Farm Equipments Limited, Industrial Area, Doddaballapur, Bangalore, Karnataka, for a sum of Rs.2,81,800/- under letter dated 07.06.2000 issued by the said Company. The petitioner claims that after lapse of three years, the Bank, through which the tractor was purchased, sent sale documents to him and thereafter, he approached respondent No.3 who is the registering authority. Respondent No.3 checked the vehicle and refused to register the vehicle on the purported ground that there was some alteration in the concerned documents of the tractor in the last digit of chassis number. The petitioner approached the financing authority for solving the problem and later he filed a consumer case registered as C.D.No.57/2006 before the District Forum, Khammam. In the said complaint, the Regional Transport Officer, Khammam, respondent No.2, who is opposite party No.5 therein filed a counter, in which he averred that if the petitioner produces the vehicle before the Motor Vehicles Inspector, Kothagudem for inspection of tractor with required documents under the provisions of the Motor Vehicles Rules, 1989 with tax and penalty, the vehicle may be registered. The grievance of the petitioner is that despite the said stand taken by the respondents, and the petitioner approaching them repeatedly, no action is taken for registration of his tractor. The petitioner, in support of his contention that he approached the respondents after dismissal of C.D.No.57/2006 on 04.12.2007, failed to file any document such as an application for registration or a legal notice. I have no reason to believe that if petitioner approaches the respondents, as suggested by respondent No.2 in C.D.No.57/2006, they will not consider and take a decision with regard to the registration of his tractor. Under the above circumstances, the Writ Petition is disposed of. The petitioner is permitted to approach respondent No.3 i.e. the Asst.Secretary, Regional Transport Authority, (wrongly mentioned as ‘Road Transport Authority’ in the writ petition) Kothagudem, Khammam District, along with necessary documents and the tractor. Thereupon, respondent No.3 shall take a decision, within a period of two weeks from the date of the petitioner approaching him, as mentioned above. Subject to the above observations, the Writ Petition is disposed of. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 28.02.2008 Dsr