THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This Writ Petition is filed seeking the following relief:

“…to issue any order, direction or Writ, more particularly in the nature of Writ of Mandamus declaring the action of Respondent No.3 in not disposing of the application dated 06.07.2020 addressed by the Respondent No.4 to grant of permanent registration with respect to truck- TATA LPT 2818 CR BS-IV-CC 5883-GVW 28000 bearing temporary registration vide TR.No.AP31ZCTR2080, dated 13.02.2020 as being illegal, arbitrary, unconstitutional and consequently, direct Respondent No.3 to grant permanent registration to truck-TATA LPT 2818 CR BS- IV-CC 5883-GVW 28000 bearing temporary registration vide TR.No.AP31ZCTR2080 dated 13.02.2020 or pass such other order or orders....”

2. Heard Mr.M.Karthik, learned counsel representing Mr.D.Raghavendar Rao, learned counsel for petitioner and learned Assistant Government Pleader for Transport appearing for respondent Nos.1 to 3.

3. Petitioner purchased Tata Vehicle Hook Loader on 13.02.2020 with temporary Registration vide TR.No.AP31ZCTR2080. Permanent Registration of the Vehicle is not done till date. It is the case of the petitioner that he made an application to respondent No.4 on

06.07.2020 to grant permanent registration number at Regional Transport Authority (R.T.A.), Karimnagar. However, respondents have not disposed the application till date and there is no permanent registration for vehicle. Hence, the Writ Petition. It is submitted that a direction be issued to dispose of the representation, dated 06.07.2020.

4. Learned counsel appearing on behalf of the respondents submitted that as per Rule 47 of the Central Motor Vehicles Rules, 1989, an application for registration of a motor vehicle shall be made in Form-20 to the registering authority within whose jurisdiction the owner resides or has his place of business where the vehicle is normally kept, within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journey for delivery.

5. It is the case of the petitioner that the petitioner has taken delivery of the vehicle in the month of March 2020, and due to onset of Covid-19, necessary steps could not be taken. It is further submitted by counsel that efforts were made to obtain permanent registration, yet application has not been disposed of.

6. As on date, vehicle is operating under temporary registration of the State of Andhra Pradesh, though it is required to be registered in the State of Telangana by R.T.A., Karimnagar, for permanent registration. It is imperative that a ‘No Objection Certificate’ be obtained from the authorities of the RTA, State of Andhra Pradesh, and only upon obtaining such ‘No Objection Certificate’, as prescribed under the Act and the Rules, can the said vehicle be granted a registration number by R.T.A., Karimnagar.

7. Petitioner is directed to make an application for issuance of ‘No Objection Certificate’ under the Central Motor Vehicles Act and Rules within a period of ten (10) days from the date of receipt of a copy of this order and the concerned authorities shall issue ‘No Objection Certificate’

for the purpose of registration of vehicle.

8. As per the Central Motor Vehicles Rules, 1989, a temporary registration number of vehicle has to be obtained within a period of seven (7) days from the date of purchase of vehicle, later a permanent registration within the time specified as per Act. The vehicle is being put to use, without there being permanent registration number for more than five years, which is not in accordance with law.

9. Be that as it may, petitioner shall take appropriate steps to obtain a permanent registration number for the vehicle. Petitioner is requested to pursue the matter on a priority basis, as law does not permit a vehicle to be used under a temporary registration number beyond a certain period, and it is more than five (5) years, the vehicle is still under temporary registration. The authoritie