THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 30925 OF 2011 DATED:23-11-2011 Between: SEW Infrastructure Limited (formerly SEW Constructions Ltd)., having its registered office at 6-3-871, Snehalata, Green Lands Road, Begumpet, Hyderabad – 500016, A.P., INDIA … Petitioner And Government of Andhra Pradesh, rep., by its Principal Secretary Transport Department and another … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 30925 OF 2011 ORDER: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. The petitioner is the owner of a Rocket Boomer which is used for tunneling and drilling works. The question that has arisen is whether it is a motor vehicle within the meaning of Motor Vehicles Act, 1988 (for short ‘the Act’). 2. A similar issue had come up earlier in a batch of writ petitions being Writ Petition No. 173 of 2010 and batch which came to be decided by a Division Bench on 28-09-2011. While disposing of the writ petitions, the Division Bench gave liberty to the owners of the Rocket Boomers to approach the jurisdictional Regional Transport Authority for determination of the question whether or not it is a motor vehicle. Liberty was given to the Regional Transport Authority to consult the manufacturers of those vehicles or experts in the field of construction equipment and determine the question as to whether the owners of those vehicles are liable to pay life tax after getting their vehicles registered under the Act. 3. Learned counsel appearing for the parties agree that the issue raised in this writ petition is covered by the decision rendered in the batch of writ petitions. 4. Under the circumstances, we leave it open to the jurisdictional Regional Transport Authority to determine whether the Rocket Boomer owned by the petitioner is a motor vehicle or not. A decision may be taken in this regard preferably within a period of two months. Writ Petition No. 30925 of 2011 Page 1 of 2 5. In the meanwhile, as far as the registration of the Rocket Boomer is concerned, we are of the view that interests of justice will be served if the petitioner pays 50% of the life tax and furnishes a bond to the satisfaction of the Regional Transport Authority for payment of the balance 50%. On the payment of 50% of life tax and on furnishing of the personal bond, the Rocket Boomer may be released to the petitioner. 6. The writ petition is disposed of on the above terms. 7. The miscellaneous application is also disposed of. MADAN B. LOKUR, CJ SANJAY KUMAR, J 23-11-2011 ks Writ Petition No. 30925 of 2011 Page 2 of 2