Writ Petition No. 5591 of 2011 · Andhra Pradesh High Court

The petitioner is the owner of a Heavy Goods Vehicle bearing No.AP 02/TA.0573. The permit of the vehicle was suspended from 25-12-2010 to 23-01-2011 on the ground that the vehicle was overloaded. However, the vehicle was found tobe plying on 13-01- 2011 even while the permit was under suspension. Therefore, notice under Section 53 of the Motor Vehicles Act, 1988 (for short ‘MV Act’) was issued to the petitioner, proposing to cancel the certificate of registration of the vehicle. The petitioner submitted his explanation, and not satisfied with that, the Deputy Commissioner & Secretary, Regional Transport Authority, Anantapur, the 2nd respondent herein, suspended the registration of the vehicle for a period of 60 days from 25-02-2011 to 25-04-2011 under Section 53 (1) (b) of the MV Act. The

Heard the learned counsel for the petitioner and the learned Government Pleader for Transport.

It is no doubt true that the registration of a vehicle cannot be suspended for the violation of conditions of permit. This case, however, presents a typical situation. The permit of the vehicle was suspended for a period of one month on the ground that the vehicle was plying with over load. The petitioner has chosen to ply the vehicle even while the suspension of the permit was in vogue. Therefore, it cannot be said to be an action for plying vehicle overloaded simplicitor. The petitioner has resorted to a serious violation. Taking the totality of the circumstances into account, this Court is of the view that the ends of justice would be met if the suspension of the certificate of registration is restricted to 30 days by imposing penalty of Rs.3,000/- .