Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, DEVENDER GUPTA
Statewide Recognized (RTA) Agents Welfare Association, Vijayawada - Appellant
Versus
Government Of A.P., T.R.and B.Dept. - Respondent
Decided On : 03-27-03
Motor Vehicles Act, 1988 - Section 53 – Constitution of India, Article 309 - Transport department – Licensing - Administrative Rules for Licensing and Regulating conduct of Recognized agents to represent Motor Vehicles operators in Office State transport Authorities and Regional transport Authorities transport Roads and Buildings said administrative rules orders were cancelled as it was found that they could not curb the malpractices of agents in office Transport department –Held, Circumstances Court hold that policy decision Government dispensing with agent system cannot be interfered with by this Court on ground of being violative of principles of natural justice - Principles of natural justice have no application in situation similar to the one on hand Court hardly find any reason to interfere with impugned order of single Judge - No case is made out requiring our interference in matter - Appeals dismissed
( 1 ) THESE three writ appeals may be disposed of by a common judgment, since they are filed against the common order dated 6-1-2003 passed by a learned single judge of this Court.
( 2 ) THE petitioners in W. P. Nos. 21029, 20712 and 20522 of 2002 are the appellants in this batch of writ appeals. They have invoked the jurisdiction of this Court under article 226 of the Constitution of India challenging the legality and validity of g. O. Ms. No. 178, Transport, Roads and buildings (Tr. I) Department, dt. 8-10-2002 on various grounds. They have accordingly prayed for issuance of a writ of Mandamus declaring the impugned G. O. , as arbitrary, illegal, unjust, capricious and violative of principles of natural justice apart from being violative of Articles 14," 19 and 21 of the constitution of India,
( 3 ) THE learned single Judge after an elaborate consideration of the matter dismissed all the writ petitions. Hence these writ appeals.
( 4 ) WE have elaborately heard the submissions made by Sri S. Ramachander rao, learned Senior Counsel appearing on behalf of the appellants.
( 5 ) IN order to appreciate the submissions made by the learned Senior Counsel, it may be just and necessary to notice the relevant facts leading to filing of the writ petitions:
( 6 ) THE Government of Andhra Pradesh in g. O. Ms. No. 750, Home, dated 5-4-1965 issued Administrative Rules for Licensing and Regulating the conduct of Recognised agents to represent Motor Vehicles operators in the Office of the State transport Authorities and Regional transport Authorities. In G. O. Ms. No. 706, transport, Roads and Buildings, dated 21-8-1976, the said administrative rulesorders were cancelled as it was found that they could not curb the malpractices of the agents in the office of the Transport department.
( 7 ) IT appears that even after withdrawal of the said administrative rules/orders, it was found that the unlicenced Agents were indulging in some unlawful activities resulting in discredit to the Transport department. It is under those circumstances, the Transport Commissioner has requested the Government to reintroduce the system of Agents by duly making certain modifications to the Administrative Rules issued in G. O. Ms. No. 750, Home, dated 5-4-1965. The Government having accepted the request of the Transport Commissioner issued Administrative Rules for the purpose of licensing and regulating the conduct of the recognised agents to represent the applicants before the Secretaries of the State and Regional Transport Authorities in the state. These Administrative Rules are called"administrative RULES FOR licensing AND REGULATING THE conduct OF RECOGNISED AGENTS to REPRESENT APPLICANTS BEFORE the SECRETARY STATE TRANSPORT authority AND SECRETARIES, regional TRANSPORT AUTHORITIES in THE STATE OF ANDHRA PRADESH" (for short the Administrative Rules ). These rules were notified in G. O. Ms. No. 255, transport, Roads and Buildings (Tr. III) department, dated 25th July, 1985.
( 8 ) THE said Administrative Rules inter alia declare that no person shall be considered as recognised agent unless he holds a licence in form b appended to the Rules granted by the Secretary, State Transport Authority or by the Secretary, Regional Transport authority of the region in which he resides. Application forms are prescribed to be filled in by the persons desirous of obtaining the licence. Certain qualifications are also prescribed. It is not necessary to notice in detail the scheme of the Administrative rules. The whole object of the administrative Rules, which are in the nature of executive instructions, issued by the Government is to facilitate the vehicle owners to be represented by a recognised agent and assist them by providing necessary guidance in filling the necessary applications and payment of required fee and taxes under the Motor Vehicles Act and andhra Pradesh Motor Vehicles Taxation act, and to file necessary papers in the office of the Regional
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