Citation : 2025 Latest Caselaw 6314 Tel
Judgement Date : 6 November, 2025
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION Nos. 45635 of 2022, 1069 of 2023, 2166 of 2023, 5370
of 2023, 7422 of 2023, 7472 of 2023, 11343 of 2023, 14402 of 2023,
14404 of 2023, 26234 of 2023 and 29326 of 2023
COMMON ORDER:
These Writ Petitions are filed under Article 226 of the Constitution
of India seeking a Writ of Mandamus declaring the action of the
respondents and their subordinates in insisting on "Police Permits" for the
petitioners' Contract Carriage Vehicles / All India Tourist Vehicles to
operate within Hyderabad, Secunderabad, and Ranga Reddy District as
arbitrary, illegal, and without jurisdiction. They further request the Court
to restrain the respondents from insisting on such permits in the future
and to refund the amounts collected from them towards issuance of such
"Police Permits" or related challans, along with other appropriate reliefs
deemed fit by the Court.
2. None appeared on behalf of the petitioners.
3. I have heard Mr. D. Pradeep, learned Assistant Government
Pleader for Home and Mr. S. Vivek, learned Assistant Government
Pleader for Transport.
4. The learned Assistant Government Pleaders for Home and
Transport have fairly brought to the notice of this Court that an identical
issue had earlier come up for consideration before this Court in W.P. No.
25043 of 2014, and that the said writ petition was disposed of by order
dated 24.10.2024, wherein it was categorically held that there is no legal
requirement mandating owners of Contract Carriage Vehicles or All India
Tourist Vehicles to obtain separate "Police Permits" for plying their
vehicles within the State. It is submitted that the present issue is squarely
covered by the said judgment.
5. Having regard to the submissions made, and in view of the fact that
this Court has already adjudicated the very same issue on merits in W.P.
No. 25043 of 2014 vide order dated 24.10.2024, this Court is of the
considered opinion that no further adjudication is required in the present
writ petitions. In the said decision, this Court had clearly held that the
power to regulate and grant permits to Contract Carriage Vehicles
emanates from the provisions of the Motor Vehicles Act, 1988, particularly
Sections 66 and 88, and that there exists no provision under the Act or
the Andhra Pradesh Motor Vehicles Rules, 1989 authorizing the police
authorities to insist upon or collect any amount towards issuance of so-
called "Police Permits." The regulation and issuance of such permits fall
exclusively within the jurisdiction of the Transport Department, and any
parallel insistence by the police authorities would be wholly without
jurisdiction and contrary to the statutory framework.
6. In view of the settled legal position, and consistent with the findings
rendered in W.P. No. 25043 of 2014, it is hereby reiterated that permits to
Contract Carriage Vehicles are issued free of cost, and no additional or
separate "Police Permits" are required to be obtained for plying such
vehicles. Consequently, there exists no authority under law for the
Respondents to demand or collect any amount from the Petitioners or
similarly situated vehicle owners under the guise of issuing such permits.
Recording the same, these writ petitions are accordingly disposed of.
7. It is, however, made clear that if the Petitioners face any similar
grievance in future, they shall be at liberty to avail themselves of
appropriate remedies available under law, including the remedy of filing a
fresh writ petition before this Court, in accordance with law. No order as
to costs.
Pending miscellaneous applications, if any, shall stand closed.
_______________ N.TUKARAMJI, J Date: 06.11.2025 Note : Registry is directed to append the copy of the order dated 24.10.2024 in W.P. No. 25043 of 2014 to the present writ petitions.
B/o.
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