IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12533 of 2008 Between: M/s. Modern Tourist Rep. by its Managing Partner Sri Syed Sardar Ali S/o. late Syed Mahaboob Ali, R/o.D.No. 16-6-33, Kalikhaber, Chaderghat, Hyderabad. ..... PETITIONER AND The Assistant Secretary, Regional Transport Authority, Hyderabad East Zone, Malakpet, Hyderabad. .....RESPONDENT 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 of Certiorari and call for the entire records in demand notice No. 1653/A5/HE/2008, dt. 28.5.2008 from the file of the Assistant Secretary, Regional Transport Authority, Hyderabad East Zone, Hyderabad and quash the demand thereunder demanding tax and penalty for the period Q.E. 30.6.2008 in respect of the Petitioner's contract carriage vehicle (mini bus) bearing R.No. AP 11W 0001, as arbitrary, illegal, improper, malafide, unconstitutional, without jurisdiction, vitiated by non-application of mind and violative of Principles of Natural justice and issue any other appropriate Writ, order or direction and grant such other necessary relief or reliefs. Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondent : GP FOR TRANSPORT The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 12533 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) Heard learned counsel for the petitioner and the learned Government Pleader for Transport. The present writ petition has been filed challenging the demand notice dated 28.5.2008 issued by the respondent for payment of tax and penalty. The petitioner is said to be registered owner of the motor vehicle bearing No. AP11W0001 (CC Bus). It is alleged that the petitioner had neither intimated the stoppage of the vehicle nor paid the tax for quarter ending 30.6.2008. The respondent issued a notice to the petitioner for payment of tax and penalty. The petitioner filed an explanation on 27.5.2008 stating that the vehicle needed major repairs and the body repairs and the vehicle was stopped. According to the respondent, non- use of the vehicle was not reported to the authorities by the petitioner as required under the Andhra Pradesh Motor Vehicle Taxation Rules. The learned counsel for the petitioner submits that the petitioner had submitted an explanation to the earlier notice and without considering the explanation, the impugned demand notice was issued and the vehicle is in the workshop for repairs. Under the above circumstances, we are of the opinion that the demand notice can be stayed subject to payment of Rs.3,000/- (Rupees Three Thousand only) within three weeks from today and on such payment, the respondent shall conduct an enquiry in pursuance of the explanation furnished by the petitioner and complete it within four weeks thereafter after affording reasonable opportunity to the petitioner in the enquiry. The writ petition is accordingly disposed of. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.18.6.2008 NB: CC of order be furnished in three days. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Assistant Secretary, Regional Transport Authority, Hyderabad East Zone, Malakpet, Hyderabad. 2 CCs to GP for Transport, 3. 2 CD copies Form-NIC-OGS/WP{KURR}