Allowed

Kay Vee Orr Education Society v. The State of Andhra Pradesh

Andhra Pradesh HC24 Jul 2021WP/7275/2021

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought extension of a vehicle fitness certificate expiry date to Oct 2021. The Court held that while the certificate must comply with the statutory two-year validity rule, the special facility of issue during May vacation is withdrawn as a consequence of the dispute.

What did the court decide?

Directing the Assistant Motor Vehicle Inspector to amend the fitness certificate to reflect an expiry date of 28.10.2021.

Kay Vee Orr Education Society Vs The State of… — Property and Title | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.7275 of 2021

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ORDER:

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The petitioner, which is an Educational Institution, has purchased a passenger vehicle to transport the students studying in the school of the petitioner. This vehicle was registered as No.AP-39-TD-9499 on 20.10.2019 by the Road Transport Authority, Vijayawada. Thereafter, the Assistant Motor Vehicle Inspector, Nuzvidu, had issued a certificate of fitness dated 28.10.2019 in Form-38 showing the expiry date of the certificate as 15.05.2020. The petitioner, being aggrieved by the fixation of the said date of expiry, has approached this Court on the ground that the respondent authorities cannot cut short the validity of the vehicle fitness certificate to 15.05.2020, as the certificate should ordinarily be extended up to 28.10.2021.

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Sri M.Sri Vijay, learned counsel appearing for the petitioner would point to Rule 62 of the Central Motor Vehicles Rules, 1989, which stipulates that a certificate of fitness given in Form-38, for a new transport vehicle, would be valid for a period of two (2) years.

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Heard the learned Government Pleader, who submitted that the certificate of fitness was restricted to 15.05.2020, as the association of schools in the area had requested the Transport Department to issue fitness certificates to the school buses in the month of May, as that period would be convenient for all schools to get the vehicle repaired and brought into proper shape, taking

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RRR,J2 W.P.No.7275 of 2021

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advantage of the summer vacation of every year. The learned Government Pleader would also submit that in view of the present stand taken by the petitioner society, the respondents should be permitted to withdraw the facility of considering the fitness certificate of any of the vehicles belonging to the petitioner society in the month of May.

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As the petitioner society is now seeking enforcement of the provision of the Rule, the present writ petition is allowed directing the Assistant Motor Vehicle Inspector, Nuzvidu to amend the certificate bearing No.FC/0055904/2019/AP016, dated 28.10.2019 reflecting the expiry date as 28.10.2021. However, the facility granted to the petitioner society for presenting their vehicles before the relevant authorities for grant of fitness certificates in the month of May of the relevant year, shall not be available to the petitioner and vehicle certificates shall be considered and issued for the vehicles of the petitioner strictly in accordance with Rule 62 of the Central Motor Vehicles Rules, 1989.

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Accordingly, the writ petition is allowed. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

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24.07.2021 SDP

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RRR,J3 W.P.No.7275 of 2021

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.7275 of 2021

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24-07-2021

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SDP

Kay Vee Orr Education Society v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kay Vee Orr Education Society v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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