ADUSUMILI CHANDRAMOHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed challenging the orders of the 2nd respondent in R.No.AP0020509382020, R.No.AP0020509522020, R.No. AP002050932020, R.No.AP0020509362020 and R.No.AP0020509542020, dated 03.06.2020 in cancelling the Registration Certificates of Motor Vehicles bearing Nos.AP02TH4238, AP02TH3854, AP02TH3857, AP02TH3658 and AP02TH3856.

(2.) Heard the learned counsel for the petitioners and the learned Government Pleader for Transport appearing for the respondents.

(3.) It is the case of the petitioners that the 2nd petitioner is the registered owner of five transport lorries bearing Motor vehicle Nos.AP02TH4238, AP02TH3854, AP02TH3857, AP02TH3658 and AP02TH3856 (for short 'Motor vehicles'). The 1st petitioner is the partner of the said firm of the 2nd petitioner and the notices and cancellation orders issued/passed by the 2nd respondent are in the name of the 1st petitioner. It is the further case of the petitioners that the motor vehicles were purchased on 26.09.2018 and 27.09.2018 from M/s Jatadhara Industries Private Limited for a consideration of Rs.1,43,00,000/- by availing certain loans from Tata Motors Finance solutions limited, Thane West, Maharastra and the 2nd petitioner is a bonafide purchaser of the motor vehicles and the same were purchased after making prudent enquiries and verifying the registration documents. Subsequently, the petitioners made applications under the provisions of the Motor Vehicles Act,1988 (for short 'MV Act') read with Andhra Pradesh Motor Vehicle Rules, 1963 (for short 'MV Rules') and the Central Motor Vehicle Rues, 1989 for transfer of the ownership of the said motor vehicles from their vendor i.e., M/s Jatadhara Industries Private Limited. The 3rd respondent issued Certificates of Fitness for each of the Motor Vehicles and the 2nd respondent had also issued Authorization Certificates for National permit. After completion of the due procedure, the said five motor vehicles were registered in the name of the 2nd petitioner by the 2nd respondent on 26.09.2018 and 27.09.2018. The necessary insurance policies on Motor Vehicles were taken with the National Insurance Company Limited and the Motor vehicle tax is being paid on quarterly basis as per the provisions of the Andhra Pradesh Motor Vehicles Taxation Act, 1963.