THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 13406, 13108, 13173, 13176, 13180, 13408, 13409, 13415, 13419, 13495, 13549, 13551 & 13554 OF 2023

O R D E R:

1. These writ petitions are filed by the petitioner to declare the action of the second respondent - State Transport Authority in rejecting the applications covered by vehicles plying on various inter-state routes as illegal, arbitrary and consequently, direct the second respondent to renew the permit forthwith.

2. The brief facts of the case are that, during a special drive on contract carriages in the State, several buses of the petitioner were found to be plying violating various provisions of the Motor Vehicles Act and Rules and hence they were seized for the irregularities for violating the permit conditions. The petitioner has applied for renewal of the permits in respect of her Inter State Stage Carriage Buses plying on the Inter State Routes. The Joint Transport Commissioner in his order(s) dated 09.12.2022 observed that the Inter State Stage Carriage Buses operated by the petitioner/permit holder are repeatedly getting involved in various criminal cases and irregularities violating various provisions of the Motor Vehicles Act, 1988 and causing inconvenience to the passengers. Further, it was observed that the permit holder is indulging in irregularities of the Motor Vehicles Act, 1988 and Motor Vehicle Rules, 1989, as such, the second respondent rejected the renewal applications of the petitioner. Challenging the same, the present writ petitions are instituted.

3. Counter affidavits have been filed by the Joint Transport Commissioner, Andhra Pradesh. He submits that, during the course of processing the applications, on examination of the said records of the vehicle such as Registration Certificate, Tax Receipt, Insurance Fitness Certificate, PUC etc, as per the provisions of Motor Vehicles Act, the status of the said vehicles were found to be under seizure and stopped. It is submitted that the third respondent gave detailed report about the conditions of the vehicles and validity of records stating that the condition of the vehicles was not road worthy i.e. the busy body is in rusted condition, engine and transmission system required minor overhauling, battery of the vehicle is dead, tyres and seats of the vehicles are damaged.

4. During hearing, Sri K. Srinivas Rao, learned counsel for the petitioner would submit that, since the vehicles are subjected to rain and sun, the buses would be rusted and further spoiled thereby further damage would be caused, thus, becoming road unworthy and requested to issue a direction to the respondents to renew the licenses of the buses belonging to the petitioner.

5. On the other hand, learned Government Pleader for Transport would submit that, the conditions of the vehicles is too bad and the vehicles are not road worthy. Moreover, the buses are in rusted condition and tyres and seats are damaged. If such buses are permitted to ply on the roads, they will pose potential threat to the life of the public and requested to dismiss the writ petitions.

6. Heard learned counsel for the petitioner and learned Government Pleader for Transport.

7. The details of writ petitions, numbers of stage carriage buses and the inter state routes where the buses are plying are tabulated hereunder:

8. On perusal of the record placed before this Court, it is observed that renewal was denied/rejected by the 2^nd respondent on the ground that the stage carriage vehicles against which the renewal was sought are not in proper and suitable condition to ply on the roads, therefore, the license holder shall submit required certificates including Fitness Certificate issued by the competent authority at the time of renewal of license in respect of subject vehicles.

9. It is further observed that the petitioners also sought renewal of licenses in respect of the vehicles where life of the vehicles has expired. Against such vehicles, renewal of li