HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY Review WPMP No.5469 of 2010 In W.P.No.28747 of 2009 & W.P.No.28747 of 2009 Date : 12-7-2011 Between : Regional Transport Officer (Additional Registering Authority), Medchal, Ranga Reddy District and another .. Review petitioners/ respondents and M/s.Amina Institute of Technology, Represented by its Correspondent K.Sharfuddin s/o.K.Ghouse, Kandlakoya, Medchal, Ranga Reddy District. .. Respondent/ petitioner Counsel for Review petitioners : G.P. for Transport Counsel for respondent : None appeared The Court made the following: ORDER: This application is filed for reviewing order dated 30- 12-2009 in W.P.No.28747/2009. The parties are referred as they are arrayed in the Writ Petition. This Review application is coming up since 9-6-2011 when notice was ordered to the writ petitioner. On 28-6- 2011, the learned counsel representing the writ petitioner appeared and requested for an adjournment. Accordingly, the case was adjourned. On 11-7-2011, the case was again adjourned on a further request made. Today, when the case is called, there has been no representation for the writ petitioner both in the forenoon and again in the afternoon. I have heard the learned Government Pleader for Transport who appeared for the review petitioners/respondents. Bus bearing registration No.KA 24 A 6456 was seized under check report No.0173964, dated 6-8-2009 at Jaggaiahpeta, Krishna District, on finding the following irregularities : (i) No proof of Fitness Certificate (ii) Without Insurance Certificate (iii) No proof of Registration Certificate (iv) No proof of Tax payment W.P.No.28747/2009 was filed in the name of M/s.Amina Institute of Technology, represented by its Correspondent K.Sharfuddin s/o.K.Ghouse, questioning the seizure of the vehicle. This court disposed of the Writ Petition by order dated 30-12-2009 with the direction to the respondents to release the vehicle to the petitioner on condition of its depositing a sum of Rs.10,000/- and furnishing an undertaking that it will not alienate the vehicle or create any third party interest over it and it will not alter its nature during the pendency of the enquiry. Thereafter, one person by name B.Ravi Kumar, s/o.B.Rammurthy, resident of L.B. Nagar, Hyderabad, approached the respondents with an affidavit on the requisite stamp paper wherein he has claimed that he is the proprietor of bus No.KA 24 A 6456 and sought for release of the vehicle in terms of the order of this court referred to above. The respondents pleaded that as verification of the records revealed that M/s.Amina Institute of Technology, represented by its Correspondent, is the registered owner of the vehicle in question, the same was not released to the said B.Ravi Kumar, that on further verification it came to light that another bus bearing same registration number i.e., KA 24 A 6456, is plying in Ranga Reddy District and the twin cities, belonging to the petitioner- institution and that the same was seized under vehicle check report No.0699638, dated 4-2-2010 by the Motor Vehicle Inspector, Ranga Reddy East Uppal, while the bus was plying from M/s.Amina Institute of Technology to Karmanghat. It is further pleaded that the vehicle which was seized at the first instance was plying in Krishna District with the name painted as “Prasad Institute of Technology & Science, sponsored by Siva Kameshwari Educational Society, affiliated to JNTU, approved by AICTE and Government of Andhra Pradesh”, Vidhya Nagar, Jaggaiahpet. From the above averments, the respondents have pleaded that the first seized vehicle is a bogus vehicle, that the said vehicle has a punched chasis number and that there is no engine number. That when the respondents have contacted Sri K.Sharfuddin, the Correspondent of M/s.Amina Institute of Technology, Medchal, he has filed an affidavit that he has not filed W.P.No.28747/2009 in this court, that he has nothing to do with the seized vehicle under check report No.0173964, dated 6-8-2009 of the Motor Vehicles Inspector, Nandigama, that he has claimed ownership of the bus bearing registration No.KA 24 A 6456, which was detained by the Motor Vehicles Inspector, Uppal vide vehicle check report No.0699638, dated 4-2-2010, that on the basis of the above said affidavit, the said vehicle was released to Sri K.Sharfuddin and that the present Review petition is filed to recall the order passed in the Writ Petition. Unfortunately, even though time was taken, the learned counsel for the petitioner is not present to represent the case. From the material placed by the respondents and as discussed above, this court is convinced that the first seized vehicle by the Motor Vehicles Inspector, Nandigama appears to be running through fake registration number and unsupported by legal documents. It is quite possible that the said vehicle is being fraudulently run by B.Ravi Kumar and he has filed the Writ Petition in the name of M/s.Amina Institute of Technology, without its knowledge, obviously knowing that the vehicle owned by the said Institution has the same registration number and to see that his vehicle is released under the garb of the order of this court. Therefore, order dated 30-12-2009 in W.P.No.28747/2009 is obviously obtained by playing fraud on this court. Having regard to the affidavit filed by K.Sharfuddin before respondent No.1 that he has nothing to do with the vehicle in respect of which W.P.No.28747/2009 was filed and that he had no knowledge of filing of the said Writ Petition at all, the order in W.P.No.28747/2009, dated 30-12-2009, is recalled. In the result, the Review application is allowed. Order dated 30-12-2009 in W.P.No.28747/2009 is recalled and the Writ Petition is dismissed. Respondent No.1 is directed to lodge a criminal complaint against B.Ravi Kumar s/o.B.Rammurthy, who evidently filed the Writ Petition in the name of M/s.Amina Institute of Technology fraudulently and obtained order from this court on the strength of a false affidavit, within a period of two weeks from the date of receipt of this order. If such complaint is received, the Station House Officer concerned shall register a crime and prosecute the said person in accordance with law. ________________________ Justice C.V. Nagarjuna Reddy Date : 12-7-2011 AM