IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4278 of 2001 Between: G. Venkatesham S/o G. Narasimhulu Plot No.145, Suraksha Enclave, Chanda Nagar, Hyderabad. ..... PETITIONER AND 1 State of A.P., Rep. by its Secretary, Transport (R&B) Department Secretariat, Hyderabad. 2 The Dy. Transport Commissioner and Secretary, Regional Transport Authority Banjara Hills, Hyderabad. .....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 issue a Writ order or direction more particularly in the nature of Writ of Mandamus declaring the provisions of the second proviso to Section 3 Sub-clause (aa) (bb) of Sub- Section 1 of Sec. 4 and the proviso taxes section 6 of the APMVT Act 1963 as amende by the amending Act 15/87 dt. 16-2-1987 imposing compulsory payment of life tax in respect of for wheelers including the petitioner's new Motor Car Zen 5 Door AC + Heater Diesel to be registered in the State of A.P.as ultravires, unconstitutional of India and violative of Art 14 & 19(1) (g) of the Constitution of India and beyond the competence of the A.P.Legislature and inconsistency with the scheme of Section 3 and Sec 6 of the APMVT Act 1963 and to pass Counsel for the Petitioner:MR.G.V.KRISHNA REDDY Counsel for the Respondent : GP FOR TRANSPORT The Court made the following : order : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO: 4278 of 2001 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed, J) This writ petition is filed to declare the provisions of the second proviso to Section 3, sub-Clause (aa) (bb) of sub Section 1 of Section 4 and the proviso to Section 6 of APMV Taxation Act, 1963, as amended by the amending Act 15 of 1987 dated 16- 2-1987 imposing compulsory payment of life tax in respect of four wheelers including the petitioner’s new motor car Zen AC as ultravires, unconstitutional and violative of Article 14 and 19 (1) (g) of the Constitution. The provisions imposing payment of life tax in respect of four wheelers has been upheld by this Court and, therefore, this writ petition is liable to be dismissed and it is accordingly dismissed. However, the petitioner is given 30 days time to pay the balance life tax amount in respect of the four wheeler in question from today. No costs. ___________________________ Ghulam Mohammed, J ________________________ Nooty Ramamohana Rao,J Dated :10-8-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies