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Andhra High Court · body

2000 DIGILAW 277 (AP)

Y. Siva Sankar Reddy v. Additional Regional Transport Officer-cum-Registering Authority, Nandyal, Kurnool

2000-04-11

GODA RAGHURAM

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GODA RAGHURAM, J. ( 1 ) THE petitioners seek a declaration that the action of the respondent in not allowing them to make alterations in their 10-wheeler vehicles bearing Registration Nos. (1) AP 21u 3427 II. AP21u 4237 (2) AP21u 3633 (3) ap21u 4456 as 6-wheeler vehicles with gross vehicle weight at 16,200 Kgs. with overall length of chassis of 7,380. m. m. wheel base 4,225 m. m. rear overhand 1970 m. m. and tyre size 10 x 20 by entering the same in the certificate of registration forthwith is arbitrary. ( 2 ) THE petitioners allege that unable to run 10-wheeler vehicles due to the commercial situation they made applications to the respondent under section 52 of the Andhra Pradesh Motor vehicles Act, 1988 (for short, "the Act") seeking permission for alteration of the vehicles and that the said applications were rejected at the threshold itself. It is stated by the petitioners that their applications were rejected on the ground that the proposed alterations would not come within Sec. 52 of the Act. In the circumstances, they sought the relief already adverted to. ( 3 ) BY way of interim relief they sought permission from this Court to make alterations to the vehicles as prayed for in the main relief. This Court granted interim direction as prayed for on 15-5-1998. ( 4 ) THE respondents have filed a counter-affidavit stating that there is no provision in the Act or in the relevant Rules to reduce gross vehicle weight of the petitioners vehicles by shortening the length of the chassis and its wheel base, overhang etc. , and that the proposed alterations also violate provisions of Rules made under chapter-V of Central Motor Vehicles Rules, 1989. It is also urged in the counter that in case of reduction of wheel base is permitted, it will be followed by other consequential structural change like shortening of chassis, shifting of axles and suspension etc. , which cannot be done without the approval of the automotive Research Association of India as required under Rule 126 of the Central motor Vehicles Rules, 1989 to permit alterations involving structural changes. ( 5 ) IT is an admitted position at the Bar that pursuant to the interim directions of this Court the petitioners have made alterations and are plying their vehicles in the altered status. ( 5 ) IT is an admitted position at the Bar that pursuant to the interim directions of this Court the petitioners have made alterations and are plying their vehicles in the altered status. In the considered view of this Court the permission for alteration could not and ought not to be granted by this Court under Art. 226 of the Constitution of India, exercising a power which exclusively vests with the competent authority under Section 52 of the Act. In the premises this Court dissolves the interim orders earlier granted on 15-5-1998 and any permit for plying the vehicles obtained by the petitioners pursuant to the interim orders of this Court shall also stand rescinded forthwith. The petitioners shall be at liberty to make a representation/ application to the respondent seeking alteration of their respective vehicles. On the petitioners making such representation/ application, the respondent shall consider the same and pass a detailed and reasoned order dealing with their application on merits in the light of the Statutory position as per the provisions of the Act and the relevant Rules therein. Meedless to state that the respondents would be obligated to pass expeditious and reasoned orders on any application made by the petitioners in this regard. ( 6 ) THE writ petition is disposed of with the observations/directions as above. No costs.