SYED RAFIQ AHMED Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) On a reference made by one of us (Puttaswamy, J.) these cases were posted before us for disposal.

(2.) As common questions of law arise for determination in these cases, we propose to dispose of them by a common order.

(3.) Mohamed Hayath, a resident of Palamner Town, Chittoor District Andhra Pradesh, petitioner No. 2 in Writ Petition No. 18958 of 1983 was the registered owner of a passenger Transport Motor Vehicle classified as 'tourist vehicle' bearing registration No. A A C 5270 registered in the State of Andhra Pradesh, which was included in an all India Tourist permit issued in his favour by the State, Transport Authority of Andhra Pradesh under S. 63 (7) of the Motor Vehicles Act, 1939 (Central Act No. 4 of 1939) (hereinafter referred to as the MV. Act). Some time in October, 1983 or before petitioner No. 2 obtained the release of the said vehicle from the said permit and has sold the same to Syed Rafiq Ahmed of Bangalore, Petitioner No. 1 and on 7-10-1983 the competent Officer has also effected the Transfer of Ownership of the said vehicle to the name of the latter in the certificate of registration