THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.31241 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government for Excise appearing for respondents. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:-

“…declaring the inaction of the 2nd respondent in issuing the NOC No Objection Certificate for the purpose of renewal of Fitness which is valid upto 18.10.2025 in respect of the Eicher Lorry bearing Reg No.AP 39 VC1458 seized in COR No.487 of 2024 on the file of the 3rd respondent herein inspite of the notice dt.23.09.2025 followed by personal visits as being illegal, arbitrary, unjust and unconstitutional.”

3. The facts of the case in brief as stated are that petitioner claims to have purchased a lorry bearing No.AP-39-VC-1458 by availing financial assistance from private financer. It is submitted that when the said vehicle was engaged for transportation of jaggery on payment of hire charges, during the transit, respondent No.3 seized the said vehicle and registered a case in COR No.487/2024 under Section 7(A) read with 8(e) of Telangana State Prohibition Act, 1995 and Section 34(e) of Telangana Excise Act, 1968 for illegal transport of jaggery. In that regard, petitioner filed Crl.P.No.10369 of 2024 before this Court seeking interim custody of the subject vehicle. Accordingly, the said criminal petition was disposed of granting interim custody of the said vehicle. The main grievance of the petitioner is that due to the involvement of the said vehicle in the above said crime, respondent No.2 had made an endorsement making the said vehicle under ‘Black list’ and because of the said endorsement, the concerned registering authority is insisting the petitioner to obtain No Objection Certificate for renewing the registration and for issuance of fitness, which was valid upto 18.10.2025. It is submitted that unless fitness certificate is issued, the petitioner cannot ply his vehicle. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader for Excise submits that to the extent of No Objection Certificate is concerned, respondent No.2 may be directed to issue the same and appropriate orders be passed to that effect.

5. In view of the submissions made by the learned counsel appearing on either side this writ petition is disposed of granting liberty to petitioner to approach respondent No.2 for issuance of NOC and respondent No.2 is directed to furnish NOC within a period of two (2) weeks enabling the petitioner for filing an application for extension of fitness of the said vehicle.

Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 27.10.2025 mrm