IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3788 of 2008 Between: Y. Siva Sankar Reddy S/o Y. Mahananda Reddy 6-5-542, Srinagar Colony, Rudrampet Road, Ananthapur. ..... PETITIONER AND 1 Motor Vehicle Inspector, RTA, Hyderabad C/Zone Khairatabad, Hyderabad. 2 Deputy Transport Commissioner & Secretary, RTA, Ananthapur. .....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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the 1st respondent herein in canceling the fitness certificate of the vehicle bearing registration No. AP02/W 4489 under Check Report No. 1927549, dated 18-02-2008 as illegal, and without jurisdiction and violative of basic principles of natural justice and consequently set- a side the C.F.X Notice issued in respect of the sid vehicle and grant such other relief or reliefs deems fit and just. Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4222 of 2008 Between: C.Nagabhushana Reddy S/o.C.Gangi Reddy, NGO Complex Madanapalli, Chittoor Dist ..... PETITIONER AND 1 Addittional Registering Authority O/o.Deputy Transport Commissioner & Secretary Chittoor Dist 2 Motor Vehicles Inspector Driving Test Track Nagole,Regional Transport Authority Khairatabad,Hyd .....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 to issue a writ of Mandamus or any other appropriate writ,order or direction declaring the orders of the 1st respondent herein Memo R.No.6258/4/A2/08 dt.21-2-2008 canceling the fitness certificate No.9245/2007 of the Vechicle bearing Registration No.AP 03x1295 as illegal,arbitrary and violative of the principles of natural justice and consequently set-aside the violative of the principles of natural justice and consequently set-aside the same and grant such other relief or reliefs Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4358 of 2008 Between: Smt. N. Rama Devi, W/o. N. Ram Gopal, Press Club Buildings, Near Fire Station, Hindupur, Ananthapur District. ..... PETITIONER AND 1 Motor Vehicles Inspector, Tadipatri, Ananthapur District. 2 Deputy Transport Commissioner & Secretary RTA, Ananthapur .....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 to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action ot eh 1st respondent herein in canceling the fitness certificate of the vehicle bearing registration No. AP02/V5770 under check report No. 485854, dated 26-2-2008 as illegal, and withut jurisdiction and violative of basic principles of natural justice and consequently set-aside the C.F.X. Notice issued in respect of the said vehicle and grant Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4366 of 2008 Between: Smt.N.Rama Devi W/o. N.Ram Gopal M/s,.SBRS Travels,Main bazar Tadipatri, Ananthapur District ..... PETITIONER AND 1 The Motor Vehicles inspector , Tadipatri Ananthapur District 2 The Deputy Transport Commissioner & secretary RTA, Ananthapur .....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 to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the 1st respondent herein in canceling the fitness certificate of the vehicle bearing registration No.AP02/W 5695 under check report No.485853 dated 25.2.2008 as illegal, and without jurisdiction and violative of basic principles of natural justice and consequently set aside the CFX Notice issued in respect of the said vehicle and grant such other relief or reliefs deems fit and just Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4457 of 2008 Between: N. Ram Gopal, S/o. N. Pandurangaiah, 8/576, Main Bazar, Tadipatri, Ananthapur District. ..... PETITIONER AND 1 Motor Vehicles Inspector, Tadipatri, Ananthapur District. 2 Deputy Transport Commissioner & Secretary, RTA, Ananthapur. .....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 to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the 1st respondent herein in canceling the fitness certificate of the vehicle bearing registration No. AP02/V5644 under check report No. 485852, dated 25-2-2008 as illegal, and without jurisdiction and violtive of Basic principles of natural justice and consequently set-aside the C.T.X. Notice issued in respect of the said vehicle and grant Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4525 of 2008 Between: V.Ramachandra Reddy S/o.V.Rosi Reddy Room No.2, Press Club Building, Near Fire Station, Hindupur, Anantapur District. ..... PETITIONER AND 1 Motor Vehicles Inspector, Kadapa. 2 Deputy Transport Commissioner & Secretary RTA, Anantapur. .....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 to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 1st respondent herein in canceling the fitness certificate of the vehicle bearing registration No. AP02/V 5646 under check report No.3118128, dated 26.02.2008 as illegal, and without jurisdiction and violative of basic principles of naturl justice and consequently set-aside the C.F.X Notice issued in respect of the said vehicle and grant such other relief or reliefs deems fit and just. Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4532 of 2008 Between: C. Nagabhushana Reddy S/o C. Gangi Reddy NGO Complex, Madanapalli, Chittoor District. ..... PETITIONER AND 1 Motor Vehicles Inspector, Driving Test Track, Nagole, Regional Transport Authority, Khairatabad, Hyderabad. 2 Secretary Regional Transport Authority, Chittoor. .....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 of Mandamus or any other appropriate writ, order or direction declaring the seizure and detention of the petitioner's vehicle bearing registation No. AP03X1295 by the respondent hrein under check report No. 3218860 dated 18-02-2008 as illegal and withotu jurisdiction and consequently direct the respondent to release the siad vehcile forthwith and grant such other relief or reliefs deems fit and just. Counsel for the Petitioner:MR.NOUSHAD ALI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. Nos. 3788, 4222, 4358, 4366, 4457, 4525, and 4532 of 2008, Common order: The petitioners are owners of contract carriage vehicles bearing registration Nos. AP 02/W 4489, AP 03/X 1295, AP 02/V 5770, AP 02/W 5695, AP 02/V 5644, AP 02/V 5646 and AP 03/X 1295. The said vehicles were granted contract carriage permits by the respondents, which are valid up to 01.12.2011, 01.07.2012, 09.11.2011, 03.04.2012, 09.11.2011, 17.10.2011, and 01.07.2012 respectively. The seating capacity of the said vehicles ranges from 30 to 32 in all. The petitioners paid tax for the said seats till the quarter ending 31.03.2008. The said vehicles were also given Fitness Certificates to ply. While the petitioners were plying the said vehicles, checks were exercised by the 1st respondent on 18.02.2008, 21.02.2008, 26.02.2008, 25.02.2008, 25.02.2008, 26.02.2008 and 18.02.2008 respectively, and on physical verification found that the petitioners have altered the seating capacity to that of berths, and in some cases created berths above the seats. The respondents stating that the said alteration of seats into berths is in violation of the provisions of Section 56(4) of the A.P. Motor Vehicles Act, 1988, issued CF X notice and cancelled the Fitness Certificates issued to the said vehicles. The said cancellation of Fitness Certificates by the respondents is the subject matter of the present writ petitions. The learned counsel for the petitioners submitted that the impugned orders passed by the respondents cancelling the Fitness Certificates of the vehicles is without any notice and without providing any opportunity to the petitioner, and the same being violative of the principles of natural justice, is liable to be set aside. The respondents filed counter contending that since the petitioners by altering the seating capacity of the vehicles to that of berths and in some cases created berths above the seats had violated the provisions of Section 56(4) of the A.P. Motor Vehicles Act, 1988, the respondents cancelled the said certificates, and no exception can be taken thereto. It is further stated that no notice is required to be given before cancelling the Fitness Certificates, which is done in greater public interest. Though the respondents in their counter have taken the above stand, but both the counsel for the petitioners, the learned Government Pleader for Transport and the Joint Commissioner of Transport, who was physically present in the Court, agreed for disposal of the writ petitions without going into the legal issue involved in the writ petitions, namely whether the petitioners are entitled for issuance of notices before cancellation of the Fitness Certificates of the vehicles, with the following directions: The respondents shall release the vehicles to the petitioners forthwith. Upon release of the vehicles, the petitioners shall rectify the violations pointed out by the Motor Vehicles Inspector in his check reports. Thereupon, they shall produce the vehicles before the Registering Authority for obtaining Fitness Certificates. Until they rectify the violations, the petitioners shall not be permitted to ply the vehicles. Accordingly, the writ petitions are disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 12th March, 2008. Note: Issue CC today. (B/O) KSR