IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 17602 of 2004 Between: R. Sambasiva Rao S/o. Venkaiah, Opp: BIT Company, R.T.C. Colony, Guntur, Guntur District. ..... PETITIONER AND The Secretary, Regional Transport Authority, Guntur, Guntur 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 may be pleased to Issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not granting goods carrier permit to the petitioner's Heavy Goods Vehicle bearing Registration No. AP 28 T 1177 as illegal, arbitrary and unconstitutional and consequently direct the respondent to issue goods carrier permit to the petitioner's heavy goods vehicle bearing Registration NO. AP 28 T 1177. Counsel for the Petitioner: MR.B.CHANDRA SHEKHAR Counsel for the Respondent: G.P. FOR TRANSPORT The Court at the stage of admission made the following ORDER: The petitioner contends that he is the owner of a goods vehicle bearing registration No.AP-28-T-1177. He further contends that the said vehicle was originally registered on 25-11-1989 with national permit, as per Clause (1) of Rule 88 of the Central Motor Vehicle Rules. The national permit will expire after the life of 12 years of the vehicle and it has to ply in the Home State. The petitioner further contends that the 12 years period of the vehicle was over by 24-11-2001 though the goods vehicle permit is valid upto 16-08-2004. Therefore, he was plying the vehicle in the State of Andhra Pradesh by paying the necessary tax. The petitioner filed an application under Section 77 of the Motor Vehicles Act (for short ‘the Act’) to the respondent for grant of goods carrier permit and the respondent has to pass an order under section 79 of the Act on the application made by the petitioner. The grievance of the petitioner is that though he submitted the application on 17-09-2004 for grant of goods carrier permit, the respondent did not pass any order so far and undue delay is caused in passing the orders. Therefore, he approached this Court seeking a direction to the respondent to pass appropriate orders under Section 79 of the Act on his application filed under Section 77 of the Act. Having regard to the facts and circumstances explained by the petitioner, there shall be a direction that the respondent shall pass appropriate orders according to the existing Rules on the application made by the petitioner within a reasonable time. The Writ Petition is accordingly disposed of. No costs. _______________ Dr.G.Yethirajulu, J 30th September, 2004 Isn To 1. The Secretary, Regional Transport Authority, Guntur, Guntur District. 2. Two CCs to G.P. for Transport, High Court Buildings, Hyderabad (OUT). 3. Two CD copies.