NANDA KISHORE Vs. TRANSPOSR COMMISSIONER ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has come to us on a reference made by our learned brother Obul Reddi, j. on 26-4-1973. The learned Judge thought that the judgement of Madhava Reddy, J. given in Writ Petition No. 1243 of 1967, is in conflict with a Bench Decision of the Rajasthan High Court in Shri Ratan v. State Transport Authority, (AIR 1959 Raj 175). Since the question involved is of considerable importance, he thought that an authoritative pronouncement is required.

(2.) The facts, in brief are : that the petitioner herein purchased a lorry bearing No. APK 4125 on 26-6-1966, for a sum of Rs. 10,000.00. The transferee submitted the necessary papers to the Deputy Transport Commissioner, that is to say, the Regional Transport Authority, Hyderabad for making the necessary entry in regard to the transfer of ownership of the said vehicle.

(3.) Since the Tahsildar, Hyderabad , has informed the Regional Transport Authority that the said lorry was under an attachment for the recovery of arrears of revenue, due from the tranferor , the Regional Transport authority refused to make the necessary entries.