Yadlapati Nagamalleswara Rao v. Deputy Transport Commissioner, (The Registering Authority), the Regional Transport Authority, Guntur
2013-12-18
C.V.NAGARJUNA REDDY
body2013
DigiLaw.ai
Judgment : This writ petition is filed for a mandamus to declare the inaction of respondent No.1 in registering vehicle bearing temporary registration No.AP07 UJ TR 3023 as per the proceedings vide application No.AP007/155881/2013/R, dated 30.11.2013, as illegal and arbitrary. The petitioner, who is the owner of new vehicle of Hundai Verna make, appeared to have developed fancy for 0666' and approached respondent No.1 for allotment of the said number by paying a sum of Rs.30,000/- as prescribed under Rule 81 of the A.P.Motor Vehicles Rules, 1989 (for short 'the Rules'). The office of respondent No.1 has accordingly allotted registration No.AP07 BW 0666 on 30.11.2013. When the petitioner produced his car before respondent No.1 on 16.12.2013, he was informed that as the 15 days' time stipulated under Rule 81(6) of the Rules has expired, he needs to pay another sum of Rs.30,000/-, as the sum of Rs.30,000/- already paid by him got forfeited in view of his failure to produce the vehicle within 15 days. Feeling aggrieved by the said action, the petitioner filed this writ petition. The petitioner pleaded that the period of 15 days from the date of allotment of number i.e., 30.11.2013 has expired on 15.12.2013. However, there is a dispute on this aspect. According to the learned Assistant Government Pleader for Transport, under sub-rule (6) of Rule 81 of the Rules, the period of 15 days shall be reckoned from the date on which the number is reserved and so calculated, the period of 15 days expired on 14.12.2013. It is not in dispute that 14.12.2013 was a second Saturday and 15.12.2013 was a Sunday. The respondents could not have registered the vehicle on the said two days. The 14th and 15th days being holidays, the petitioner produced the vehicle on the next working day following the two holidays. In this context, reference to Section 11 of the A.P.General Clauses Act, 1891 (for short 'the Act') is not only useful but also instructive. This Section reads: "11.
The 14th and 15th days being holidays, the petitioner produced the vehicle on the next working day following the two holidays. In this context, reference to Section 11 of the A.P.General Clauses Act, 1891 (for short 'the Act') is not only useful but also instructive. This Section reads: "11. Necessary extension of prescribed periods:- Where, by an Act to which this Chapter applies, any act or proceeding is directed or allowed to be done or taken in a Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceedings shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open." Thus, Section 11 of the Act applies in all fours to the present case. The petitioner, therefore, cannot be denied the number already allotted to him on the specious ground that he did not produce the vehicle for registration within 15 days from the date of reserving the number. Such an insistence on the part of respondent No.1 is patently arbitrary and irrational. For the above-mentioned reasons, respondent No.1 is directed to register the petitioner's vehicle by allotting No.AP07 BW 0666 immediately on receipt of this order and subject to production of vehicle by the petitioner. As a sequel to disposal of the writ petition, W.P.M.P.No.46153 of 2013 shall stand disposed of as infructuous.