M/s Travelex India Services vs The State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 9570 OF 2022 Between: AND 1 M/s Travelex lndra Services, H.No.5-38, lbrahimpatnam, Kongara Kalan, Ranga Reddy District - 501510, Telangana Rep. by its proprietor Kushal Kumar Agarwal ...PETITIONER The State of Telangana, Eqp, Oy its principal Secretary.

Transport Uepartment.

Secretariat Building, Hyderabad.

The Transport Commissioner, Dr.

B.R.

Ambedkar Transport Bhavan, Khairtabad Road, Beside press Club, UyOeriOiO. -' The Secretarv.

Reoional Transport Authority. lbrahimpatnam, Ranga Reddy District, Office at A,4inneguoa. ...RESPONDENTS 2 3 Petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit rireo ineiewrtn, t" Hibr,'cJrrt'-rrv o" pleased to issue writ order or direction ;;p;.i;;; one in the Nature of writ of Mandamus decrarinq the action of the 3ii rerplnoent in not entertainino the application for reoistration of BS_lV uef,icfe Oea'ilg f"rporrry h.Si.,r.,i;;rM.* No.DL/s.t/TA/pt2o1st4672 n"r.ing- " E;;1"' , No.D67032503, Chassis No.lVC1E4DFA3K03B359 as irflgrl, ,]rOitrui,,r.ol,rrry to the provisions of Centrat Motor Vehicres Act and nrtes maoe'*rere;;#;;; arso contrary to the orders of y:j:X,IA?]:ft!,,"T;."""^T " ie il"",oiir'e;ilozo and batch in M C Mehta apprjcation .r ,n."p",iu.X";";;",:i:i#1,:[":ltJ! i9 respondent to i"J"iu"'tn" r-<egistration tvlark No.Di ; x;: : il; # :; : nr,, *#$,ru,*l:;;; 1# s [i;%f# :l*#i: f, IANo:1OF2022 ..

Petition under Sect the arridavit ri,"o i" .,ippl.l:,fl ;j,?",":?:sHIm,J1l1" circumstances stated in g:- ii',5', j:' ffi : l, :"" T:1y" t n " lpn r iiliii " ;Y ilT:,,ffJ"? iji ?4i.1.:1 JT bearnse,g,,"-Nl';Er;:ry;J:Zr::.T,'^?i"J.ygLl^:ru,r. gLl^:ru,r.;glr:iii;l::k the same in accordance with law without obiecling on the ground of BS-lV model' pending disposal of the main writ petition .

Counsel for the Petitioner:SRl.

CH RAVINDER Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER ORDER: +L' netitioner seeking This writ petidon has been filed by the petitit a writ ol rnandamus declaring the action of the 3d respondent in not entertaining the application for registration of BSIV vehiclc bearing tcmporarv- rc!{istradon mark No DL/ 5 I lTeap I 2olg I4672'trearing engine No D670325O3' Chasis No'MC1E4 DFA3KO38359 as illegal and arbitrary' TIIE HON'BLE SMT' JUSTICE P.MADHAVI DEVI w.P.

No .9 5l o of o2 2 It is the case of the Petitioner that the Petitioner has l3.O7.2)lg and made purchased the BS-IV vehicle on temporary registration on 23 08'2019' However' when the same was presented for registration' it was returned with certain objections.

It is submitted that for some time' the registration of BS-IV vehicles was banned and the same was challenged before the Hor-r'b1c Suprcmc Court and the Hon'ble Supreme Court in I.A.

No.

102618 of 2O2O in W'P (civi1) No 13029 of 1985 had directcd thzlt where the vehicles have been purchased prior to thc cut-off clate i.e.

31.03.2020, the Registration authority may scrutinize the records to cnsure that the sales are genuine 2 and that have taken place prtor to cut_off date and thcreafter regtster the same.

3.

The learned counsel for the petitioner submits that in vrew of the Hon,ble Supreme Court judgment, the application for registration ol. the subject vehicle petitioner,s should be considered 4.

The learned Governmenl pleerder for ,l.ransport however submits that the petitioner has to make online application lor registration and if such application is made, the authoritie s will consider and process the same in accordance with law.

5. th law.

5.

In view of the submissions of both the parties, the petitioner is directed to make a fresh application to the 3.d respondent online and thereafter, the 3'a respondent shall consider and process the same in accordance with the directions of the Hon'ble Supreme Court.

Accordingly, this writ petition is disposed of' No order as tO COSIS, Misccllancous applications, if any pendinS, shall stand ciosed. -l ,TRUE COPY// SD/.PADMANABHA REDDY ASSTSTANILSEGTSTRAR (l) SECTION OFFICER To, 1.

The Principal Secretary State of Telangana, Transport Department, Secretariat Building, Hyderabad.

2.

Ambedkar Transport Bhavan, Khairtabad Road, Beside Press Club, Hyderabad.

The Secretary, Regional Transport Authority. lbrahimpatnam, Ranga Reddy District, Office at Manneguda.

4.

One CC to Sri.

CH RAVINDER Advocate tOPUCI 5.

Two CCs to GP FOR TRANSPORT ,High Court for the State of Telangana. lourl 6.

Two CD Copies 7.

One spare copy Rsn BS {,\rDr HIGH COURT DATED:2210212022 ORDER WP.No.9570 ol 2022 DISPOSING OF THE WRIT PETITION o2 ::,tt z0z + .\ TA16 o t- t{ 1 .j 1)o WITHOUT COSTS .:<.",) \ \ ')/