LAWS(APH)-2017-10-101

THE STATE OF ANDHRA PRADESH Vs. KURADA SARADA

Decided On October 13, 2017
The State of Andhra Pradesh Appellant
V/S
Kurada Sarada Respondents

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, is preferred against the ad-interim order passed by the learned Single Judge in W.P. No. 13158 of 2017 dtd. 12/6/2017, whereby the respondentauthorities were directed to issue a temporary registration certificate in respect of the petitioner 's vehicle on condition that the petitioner furnished an affidavit, with an undertaking, that she would use the vehicle in future only to the extent of 35.2 tonne capacity.

(2.) The case of the appellants herein is that, while the subject vehicle was registered at Vizianagaram with a laden weight of 34.52 tonnes, it was taken to Nagaland and registered at a higher laden weight of 40.2 tonnes; thereafter the vehicle was again brought to Anakapalli for effecting change of address; and, as no permission was granted by the authorities at Vizianagaram, the respondent-writ petitioner could not have changed the laden weight and secured registration with the authorities at Nagaland, and then to have brought the subject vehicle to Anakapalli for a change in address.

(3.) Learned Government Pleader for Transport, appearing on behalf of the appellants, would submit that a temporary registration Certificate is granted only for one month for a new vehicle to enable the vehicle owner to obtain permanent registration; and since this vehicle has already been permanently registered earlier by the authorities at Vizianagaram, neither the Motor Vehicles Act, nor the Rules made thereunder, provide for temporary registration being granted for such a vehicle.