C. Aswartha Narayana Reddy vs The Transport Commissioner and Another

L. Narasimha Reddy, J.—Petitioner challenges the memo dated 18-1-2007, issued by the Deputy Transport Commissioner, Kadapa, the 2nd respondent herein.

The petitioner purchased a tractor and got it registered with the 2nd respondent, on 16-11-2006. It was assigned the registration mark of A.P.04-L-4995. Subsequently, he purchased a Tractor Driven Harvester, from the same manufacturer, and submitted an application on 6-1-2007 before the 2nd respondent, to make necessary entries in the registration certificate. It is stated that the Transport Commissioner had approved the motor and specification of the harvester, through his proceedings dated 23-9-2006. The tractor and the harvester were produced before the 2nd respondent, on 8-1-2007, for necessary inspection. Through the impugned order, the 2nd respondent rejected the application, stating that there is no provision to convert the tractor into tractor driven harvester. Petitioner contends that the harvester is nothing, but an agricultural implement, and the question of effecting any alteration to the tractor, does not arise. Placing reliance upon the instructions issued by the 1st respondent, through memo dated 28-12-2006, he contended that the impugned memo is contrary to the same.

The 2nd respondent filed to counter-affidavit. He states that the tractor purchased by the petitioner was registered in accordance with the provisions of the Motor Vehicles Act and the Rules made thereunder. It is pointed out that the tractor driven combined harvester is an altogether different entity, and it requires separate registration. It is urged that, according to the request of the petitioner would result in alteration of one already registered vehicle. He has enclosed the necessary material, to point out the difference.

Heard the learned Counsel for the petitioner and learned Government Pleader for Transport.

The tractor purchased by the petitioner, manufactured by M/s. Ex. John Deer 5310 Tractors; was already registered. By itself, the factor would not be much of help, to any farmer. A tractor''s utility is derived only through different implements, which are driven by it. Just as there exist implements, for ploughing the land; spraying the pesticides, and pudding the wet lands; an implement to harvest the crop is available. It is designed by the manufacturer of the tractor itself. It is not propelled through any machine. The implement is designed in such a way, that it is driven through the same tractor, whenever it is to be operated. Soon after the work, the harvester has to be detached, and the tractor would be put to use, as usual.

The question, as to whether the tractor driven combined harvester, requires separate registration, or it would suffice, if necessary entries are made in the registration certificate of the tractor; was examined by the 1st respondent. In his memo dated 28-12-2006, the 1st respondent observed as under:

The attention of all the Registering Authorities is invited to the reference cited. In pursuance of the meeting, held, the following software has been developed duly incorporating the modifications for registration of combined harvesters.

(1) In the column meant for type of vehicle , it should be clearly indicated as Agricultural Tractor Driven Combined Harvester.

(a) An entry is made as "Tractor Driven Combined Harvester" in vehicle masters screen of the data base available in the central server.

The other details, in this regard, are provided in the same memo. The request.