Remanded

K Suresh v. the State of Ap

Andhra Pradesh HC23 Jul 2021WP/8771/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the cancellation of his vehicle registration due to alleged non-compliance with emission standards and fake documents. The High Court set aside the impugned order and directed the Transport Authority to issue a show cause notice and afford the petitioner a hearing opportunity.

What did the court decide?

Set aside the impugned order dated 02.06.2020; direct the respondent to issue a show cause notice and pass orders within six weeks after hearing the petitioner.

K Suresh Vs the State of Ap — Motor Accident Claims | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.8771 of 2021

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ORDER:

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The petitioner is the owner of the vehicle bearing registration No.AP-39-T-3042 dated 05.02.2019, registered with the 5^th respondenttransport authority, Tirupati. The 5^th respondent, by proceedings dated 02.06.2020 in R.No.81/R1/2020, had cancelled the registration of the said vehicle on the ground that the said vehicle was a vehicle, which meeds BS-III emission standards and the earlier owner of the said vehicle had created fake documents showing, as if, this vehicle was meeting BS-IV emission standards, and sold the said vehicle to another person, and the petitioner had become the owner of the vehicle from a subsequent purchaser. The 5^th respondent had, thereupon, cancelled the registration of the vehicle belonging to the petitioner on the ground that no vehicle could be registered after 01.04.2017, unless it meets BS-IV emission standards.

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Sri Nagaraju Naguru, learned counsel for the petitioner submits that even though there is a statement recorded in the impugned proceedings that notice had been given to the petitioner before passing the order, the said statement is incorrect as the petitioner did not have an opportunity of hearing.

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Learned Government Pleader for Transport submits that notice was sent to the petitioner and the impugned order was passed as the petitioner did not choose to appear before the 5^th respondent.

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W.P.No.8771 of 2021

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In view of the aforesaid contentions and to ensure that the petitioner has a fair opportunity of hearing, the present writ petition is disposed of with the following directions:-

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The impugned order dated 02.06.2020 is set aside.

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The impugned order shall be treated as notice to the petitioner and the petitioner shall submit his objections, if any, to the order/show cause notice within 10 days from today to the 5^th respondent.

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Upon submission of such documents and objections, after giving an opportunity of hearing to the petitioner the 5^th respondent shall pass necessary orders on the said show cause notice and the objections received from the petitioner, within six weeks from the date of receipt of objections.

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In the event of the petitioner failing to submit his objections, it shall be open to the 5^th respondent to pass orders after considering the material available with him.

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There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_________________________ R. RAGHUNANDAN RAO, J.

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23^rd July, 2021 Note: Issue C.C. on Monday. (B/o) Js.

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RRR,J 3 W.P.No.8771 of 2021

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.8771 of 2021

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23^rd July, 2021

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Js.

K Suresh v. the State of Ap

Case brief

What is this about?

What did the court decide?

K Suresh v. the State of Ap

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

Coram

Case details

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