IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3791 of 2008 Between: Smt.N.Rama Devi, W/o.N.Rama Gopal, 8/576 Main Bazar,Tadipatri,Anantapur Dist ..... PETITIONER AND 1 Motor Vechicle Inspetor Pulivendla,Kadapa Dist 2 Deputy Transport Commissioner& Secretary,RTA,Anantapur .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ,order or direction declaring the action of the 1st respondent herein in canceling the fitness certificate fo the vehicle bearing registration No.AP02/W8655 under check report No.0714681 dt.19-2-2008 as illegal and with jurisdiction and violative of basic principles of natural justice and consequently set-aside the C.F.X Notice issued in respect of said vechile and grant such other relief or reliefs Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3812 of 2008 Between: Smt. N. Rama Devi, W/o. N. Ram Gopal, R/o. 8/576, Main Bazar, Tadipatri, Ananthapur District. ..... PETITIONER AND 1 Motor Vehicles Inspector, Badvel, Kadapa District. 2 Deputy Transport Commissioner & Secretary, RTA, Ananthapur. .....RESPONDENT(S) 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 to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 1st respondent herein canceling the fitness certificate of the vehicle bearing registration No.AP02/W8654 under check report No.2656693, dated 20.02.2008 and the consequential seizure of the said vehicle as illegal, and without jurisdiction and violative of basic principles of natural justice and consequently set-aside the C.F.X. Notice issued in respect of the said vehicle by releasing the said vehicle and grant such other relief or reliefs. Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : COMMON ORDER: The petitioner is owner of contract carriage vehicles bearing registration Nos. AP02/W 8655 and AP02/W 8654. The said vehicles were granted contract carriage permits by the respondents, which are valid up to 09.01.2013. The seating capacity of the said vehicles is 41 in all. The petitioner states that she paid tax for the said seats till the quarter ending 31.03.2008. The said vehicles were also given fitness certificates to ply. While the petitioner was plying her vehicles, checks were exercised by the first respondent on 20.02.2008 and 19.02.2008 in respect of vehicle No. AP02/W 8654 and vehicle No. AP02/W 8655 respectively, and on physical verification found that the petitioner had reduced the seating capacity from 41 to 32. The respondents stating that the said reduction of seats has violated the provisions of Section 56(4) of the A.P. Motor Vehicles Act, 1988, issued CF X notice and cancelled the Fitness Certificates issued to the said vehicles. The said cancellation of Fitness Certificates by the respondents is the subject matter of the present writ petitions. The learned counsel for the petitioner submitted that the impugned orders passed by the respondents canceling the Fitness Certificates of the vehicles is without any notice and without providing any opportunity to the petitioner, and the same being violative of the principles of natural justice, is liable to be set aside. The respondents filed counter contending that since the petitioner by altering the seating capacity of the vehicles had violated the provisions of Section 56(4) of the A.P. Motor Vehicles Act, 1988, the respondents cancelled the said certificates, and no exception can be taken thereto. It is further stated that no notice is required to be given before canceling the Fitness Certificates, which is done in greater public interest. Though the respondents in their counter have taken the above stand, but both the counsel for the petitioner, the learned Government Pleader for Transport and the Joint Commissioner of Transport, who was physically present in the Court, agreed for disposal of the writ petitions without going into the legal issue involved in the writ petitions, namely whether the petitioner is entitled for issuance of notice before cancellation of the Fitness Certificates of the vehicles, with the following directions: The respondents shall release the vehicles to the petitioner forthwith. The petitioner shall rectify the violations pointed out by the Motor Vehicles Inspector in his check reports on or before 15th April, 2008, and produce the vehicles before the Registering Authority, for obtaining Fitness Certificates. Until then, the respondents shall permit the petitioner to ply the vehicles. Accordingly, the Writ Petitions are disposed of. No costs. ____________ N.V. RAMANA, J. 11th MARCH, 2008 Tsr/Ksr. To 1 Motor Vechicle Inspetor Pulivendla,Kadapa District. 2 Deputy Transport Commissioner& Secretary,RTA,Anantapur 3. Two C.C.s to G.P. for Agriculture, High Court Buildings, Hyderabad (OUT) 4. Two C.D. copies.