IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1357 of 2009 Between: S.Md. Nazeer S/o.S. Mohd. Gouse R/o.D.No.1-268, Court Road Kadiri, Anantapur District. ..... PETITIONER AND The Secretary, Regional Transport Authority, Ananthapur, Anantapur Dist. .....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 to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned order dt. 24.06.2008 passed in R.No.3088/C1/2008 by the resposndent herein rejecting the application for release of the vehicle bearing registration No. TCD2255 from the coverage of permit No.16/1981 as illegal, arbitrary and violative of the provisions of M.V. Act consequently direct the respondent to release the said vehicle from the coverage of permit No.16/1981 by issuing clearance certificate so as to enable the petitioner to replace the vehicle and pass such other and further order or orders. Counsel for the Petitioner:MR.S.A.RAZAK Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 1357 OF 2009 ORDER: 1. This writ petition has been filed by Syed Mohd. Nazeer assailing the order dated 24-6-2008 passed in R.No. 3088/C1/2008 whereby his request for release of the vehicle bearing Registration No. TCD 2255 from the coverage of permit NO. 16/1981 to enable him to substitute with new vehicle was rejected. 2. The petitioner asserts that he is the owner of the vehicle bearing Registration No. TCD 2255 which has stage carriage permit No.16 of 1981 valid upto 4-3-2011 on town service route Rayachoti Crossing (Kadiri) to Ethodu, and as the vehicle is not rendering service properly, he decided to dispose of the same. Accordingly, he approached the respondent by making proper application seeking release of the vehicle from the coverage of permit without mentioning any time limit. Thereafter, the respondent, by the impugned order rejected the application of the petitioner on the ground that according to Section 83 of the Motor Vehicles Act, 1988 ( for short ‘the Act’) the holder of the permit may with the permission of Transport Authority by which the permit was granted replace any vehicle covered by the permit with another vehicle of the same nature, but not before the existing vehicle is replaced. Aggrieved by the same, the petitioner has filed this writ petition. 3. At the time of hearing, the learned counsel for the petitioner has brought to the notice of this Court that this Court in W.P.No. 9545 of 2008 granted time to the petitioner therein to replace his vehicle with a new one and submitted that following the said order, the petitioner herein may be permitted to replace his vehicle with a new one within six months. Therefore, he sought for a direction to the respondent for release of the vehicle. 4. Heard learned counsel for both the parties and perused the material placed on record. 5. The petitioner is only seeking release of his vehicle, which has a stage carriage permit. Though it was not represented before the authority that he would replace the vehicle with another one within a particular period of time, it is represented before this Court that he would replace the vehicle with another one within six months from the date of release of the vehicle in question. 6. In the light of the above undertaking, the permit need not be kept in reserve indefinitely. Therefore, the writ petition is disposed of directing the respondent to release the petitioner’s vehicle on condition that he would replace the vehicle with another one within four months. If the petitioner fails to replace the vehicle within four months, it is always open to the respondent-authority to take appropriate action as provided under law. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 30th January, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 1357 OF 2009 30th January, 2009.