✦ High Court of India · 10 Jan 2025

1. Konda Dasula Yesu Babu v. The State of Telangana

Case Details High Court of India · 10 Jan 2025
Court
High Court of India
Decided
10 Jan 2025
Length
1,365 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No. 3 in ...RESPONDENTS continuing petitioners vehicles documents with fake address inspite of petitioners representations and requests as arbitrary, illegal and u nconstitutional and consequently direct the respondent No.3 to change the address in the records as per the lD proofs. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the a*idavit filed in support of the petition, the High court may be pleased to direct the respondent to permit to the petitioners to ply the vehicles by giving fitness certificate till the issue of address is finalized by the respondent No. 3 pending disposal of the Writ Petition. Counsel for the Petitioner : SRI B.ARJUN RAO, rep., SMT.B.SAI HARITHA Counsel for the Respondents: Gp FOR TRANSPORT The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA UTRIT PETITION No 681 of 2025 ORDER: This Writ Petition is filed seeking the following relief: "to issue appropriate Wit, order or orders more partiiilarlg one in tLe nature of Wit of Mindantus to declare the action of tle iespondent No.3 in continuing petitioners uehicles d-ocutnents uith fake address inspite of petitioners representations and rgquests as arbitrary, illegttl and u-iconstitutional and cons equentlg direct the resPondent 1Vo'3 to change tle address in the records as Per the ID proofs."

2.Petitionersclaimthatintheyear2ol5theyapproached Tata Motors dealer in Sangareddy for purchasing vehicles for purpose of engaging with UBER, OLA, RAPIDO cab services' It is their case that the showroom personnel offered discount on price as well as registration charges for buying Bharat Stage-III (for short, "BS-IIP) standards vehicles' The vehicles are later registered by RTO, Sangareddy, with registration Nos'TS 15 UA 2488, TS 15UA2752, TS 15 UA 3346, TS 15 UA 3141, TS 15 UA 3599 alrd TS 15 UA 4Og2' It is their further case that the showroom personnel have also extended finance facility for ) ) 2 buying the vehicles, and the petitioners availed the same and got the vehicles registered in their respective narnes

3. It is now their grievance that when they approached the 3'a respondent-RTA for renewal of Fitness Certificate of the subject vehicles, the same was denied by the authorities on the ground that the vehicles are of BS-III standards, registered in the year 2015 with fake addresses. Petitioners allege that thqy have provided correct documentation and correct addresses, by enclosing Aadhar Card etc., and further they have also availed hnance with the assistance of the showroom itself, ald therefore, it is improper to allege that they mentioned incorrect address with a fraudulent intent of obtaining registration for vehicles that are otherwise not permissible for registration as per extant guidelines.

4. Heard Sri B.Aq'un Rao, learned counsel representing Smt.B.Sai Haritha, learned counsel on record for the petitioners, and learned Assistant Government Pleader for Tralsport appearing on behalf of respondents. J

5. Learned counsel for the petitioners, while arguing on merits, would however submit that the subject matter is squarely covered by the order passed by this Court in W.P.No.957O of 20 17, dated 06.O4.2017

6. Learned Assistant Government Pleader for Transport, basing on the written instructions received from the 3'd respondent-RTA, submits that the registration of BS-III vehicles was stopped in the GHMC area in the year 2010 itself. It is further submitted that the petitioners are residents of GHMC region and not of Sangareddy but they got the subject vehicles registered by furnishing fake addresses of Sangareddy. It is further submitted that on receiving complaints that BS-III standard vehicles of owners having addresses in GHMC area are being registered in RTO Oflice, Sangareddy, the Tralsport Commissioner appointed a (3)-Men Committee to enquire into the matter, and the Committee examined the hles pertaining to 724 vehicles and the subject vehicles belonging to the petitioners are found in the said llst of 724 vehicles, and a criminal case has been registered vide FIR No.363/2O16 on the file of Sangareddy (Rural) Police Station and the case is still under investigation. 4 7 . Having considered the respective submissions' and perusing the record, it may be noted that the precise grievance of the petitioners is that the respondent-authorities are not renewing the Fitness Certificate of subject vehicles, and further the Showroom personnel have assured them that they would get the addresses rectilied in the RTA record, however, neither the Showroom personnel nor the RTA authorities are doing anything in the matter to rectify the incorrect addresses and put the correct address on the Registration Certilicates of the subject vehicles. It may also be noted that, on the contra'ry, it is the allegation against the petitioners that they intentionally got registered their vehicles with fake addresses of Sangareddy region and a criminal case is under investigation in respect of the same.

8. Be that as it may, considering the ardent contention of the learned counsel for the petitioner that the livelihood of the petitioners is dependent on the subject vehicles, and further the precise aspect that needs to be looked at, at least technically, for the purpose of renewal of Fitness Certificate, is whether the subject vehicles are fit and roadworthy, this Court is of the view .-r 5 that there should be no impediment for the authorities to conduct appropriate Fitness Test for the vehicles and renew them if found to be fit as per the Rules. g.Inthatviewofthematter,theWritPetitionisdisposedof permitting the petitioners to submit their applications for Fitness Renewal, and the respondent authorities shall process the applications. as expeditiously as possible, and complete the Fitness Test formalities within a period of two weeks frorn the date of receipt of a copy of this order' It is needless to mention that renewal of Fitness Certificate of the subject vehicles shall not preclude the respondent-authorities for investigating/ taking appropriate action with regard to the allegation of fake addresses, in accordance with law' No costs' Miscellaneous pel-itions pending, if any, shall stand closed' Pending miscellaneous applications, if any, shallr,' stand closed. SD/. L.VIJAYA ASSISTANT REGI TR.AR //TRUE COPY// SECTION OFFICER To, \ '1. The Principal Secretary, Transport Department State of Telangana' Secretariat, HYderabad.

2. The Commissioner, Telangana State Road Transport Authority' Khairthabad RTA Office, HYderabad. 3 T..h9.D.ep.u!y Transport Commissioner, Road Transport Authority, Medak district at Sangareddy.

4. One CC to SMT.B.SAI HARTTHA Advocate tOpUCl 5. Two CCs to GP FOR TRANSPORT, High Court for the State of Tetangana

6. Two CD Copies. d- BSK PSK l i I \ \ !1 W4 €T k O 2 FI D 2 025 t !) \+j-= T

6.t\ ( +j t HIGH COURT DATED:1010112025 \ ORDER WP.No.681 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS W

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