J Simhachalam vs The State Of Ap
2023 Latest Caselaw 1505 AP

     THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.1933 OF 2023

ORDER:-

       This Writ Petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

      "...... to issue a writ, order or direction more particularly
      one in the nature of WRIT OF MANDAMUS declaring the
      impugned proceedings in Case No.P4/359(03)/2016-RM-WG,
      dated    26.11.2022     in   not   considering   my   request   for
      issuance of Clearance Certificate in respect of my bus
      bearing AP 37 TD 5148, dated 26.11.2022, while delivering
      the possession of the said vehicle to me, as illegal, irregular
      and     contrary   to   law    and    consequently    direct    the
      respondents herein to issue clearance certificate in respect

of the said bus by accepting the undertaking furnished by me forthwith in the interest of justice and to pass...."

2. The case of the petitioner is that he is the registered

owner of the Bus bearing No.AP 37 TD 5148 (2016 Model Super

Luxury Bus) and the said bus was given on hire to the

respondent Corporation through an agreement for the period

from 20.03.2016 to 29.04.2023 initially and the same was

extended from time to time. During the subsistence of the said

agreement, the petitioner made a representation on 20.10.2022

for issuance of Clearance Certificate for changing the ownership

of said hire bus. Respondent No.5, instead of issuance of No

Objection Certificate in order to transfer the said hire bus,

issued proceedings No.P4/359(03)/2016-RM-WG, dated

26.11.2022, rejecting to grant Clearance Certificate. The

petitioner was insisted to submit indemnity bond against the

accident occurred on 07.06.2022, to take further action on his

request, even though the hire bus is covered by valid Insurance

Certificate issued by National Insurance Company Limited

under Policy No.560500312110001810, which is valid up to

03.09.2022.

3. Learned counsel for the petitioner submits that in similar

set of circumstances, the Hon'ble High Court, disposed of W.P.

No.15152 of 2018, dated 26.04.2018, by following the earlier

judgment in W.P.No.19018 of 2017, dated 14.06.2017.

4. Sri Tarlada Vinod Kumar, learned Standing Counsel for

A.P.S.R.T.C. appearing for respondent Nos.2 to 5, has not

disputed the same.

5. Following the above said order and for the reasons

recorded therein, there shall be the following similar order in

this case also as under:-

"Having regard to the submissions made by

both the counsel, respondent No.3 herein is hereby

directed to issue No Objection Certificate in favour of

the petitioner in respect of the Bus bearing No.AP 37

TD 5148, on his furnishing an undertaking in favour

of the respondent Corporation, to make good the

Corporation from its claim of non-liability, within two

(2) weeks from the date of receipt of a copy of this

order".

6. Accordingly, the Writ Petition is disposed of. There shall

be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ

Petition shall stand closed.

_______________________________ JUSTICE RAVI NATH TILHARI

Date : 17.03.2023 AMD

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.1933 OF 2023

Date : 17.03.2023

AMD