Telangana High Court
WP/26884/2006 of S.K. Noor Ahmed Vs The Dy. Transport Commissioner, Regional Transport on 27 December 2006
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND SIX PRESENT THE HON’BLE SRI JUSTICE J.CHELAMESWAR and THE HON’BLE SRI JUSTICE D. APPA RAO W.P.No. 26884 of 2006 Between:- S.K.Noor Ahmed and
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND SIX
PRESENT
THE HON’BLE SRI JUSTICE J.CHELAMESWAR
and
THE HON’BLE SRI JUSTICE D. APPA RAO
W.P.No. 26884 of 2006
Between:-
S.K.Noor Ahmed and another
..Petitioner
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1. The Dy. Transport Commissioner,
Ranga Reddy District and another.
And
..Respondents
ORDER (Per JC,J) :
This writ petition is filed with a prayer as follows:
“To declare the seizure of the petitioner’s tractor trailer vehiclebearing No.AP/2B-8904 seized under vehicle check report No.3219212,dated 12-12-2006 by the 2[nd] respondent as illegal, arbitrary, andconsequently direct the respondents to release the vehicle of thepetitioners forthwith.”
2. The 1[st] petitioner is the owner of a tractor and trailer bearing Regn.Nos.AP/02B 8904 and AP/02B 8905, respectively. It is asserted in the affidavitfiled in support of the petition that the 2[nd] petitioner purchased the said tractorand trailer from the 1[st] petitioner about two months back and when the vehicle was being taken to the 2[nd] petitioner’s place from the 1[st] petitioner’s place, thevehicle was stopped and checked by the 2[nd] respondent-The Motor VehiclesInspector, Sangareddy, Medak District, on 12-12-2006 and seized under acheck report. The 2[nd] respondent in the check report noted certain irregularitieswhich reads as follows:
“Stopped and checked the above vehicle while proceedingtowards BHEL. For the following irregularities:
(1) R.C.Book not produced, no proof of tax payment for Q.E. 31-12-2006.
(2) Trailer registration number not exhibited, Trailer chassis number 34/91,(3) Permit not produced, I.C. not produced, (4) Driving Licence notproduced. The vehicle is engaged by the Municipality.”
Hence, the present writ petition.
3. Heard the learned Government Pleader for Transport.
4. In the circumstances, we are of the opinion that the matter can bedisposed of at the admission stage directing the respondents to release theabove mentioned tractor and trailer on condition of the petitioner deposits entireamount of tax due on the said vehicles as determined by the 1[st] respondent-The Deputy Transport Commissioner, Regional Transport Authority, RangaReddy District, without prejudice to the authority of the respondents to take anyfurther appropriate steps in accordance with law for the various allegedviolations indicated in the check report. The petitioner shall not alienate thevehicle until the enquiry is completed.
5. With the aforementioned direction, the writ petition is disposed of. Nocosts.
______________________
J.CHELAMESWAR,J
______________________
December 27, 2006 D.APPA RAO,J
Note:
Issue C.C. by 28-12-2006
B/o.
KVR