Telangana High Court
WP/38607/2013 of P. Suryanarayana Reddy, Vs Deputy Transport Commissioner AND Secretary, on 30 December 2013
SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 38607 OF 2013 Date: 30.12. 2013 Between : P Suryanarayana Reddy S/o P Lakshminarayana Reddy … Petitioner and Deputy Transport Commissioner and Secretary, RTA, Anantapur, and others … Respondents The Court made the following: THE
HONOURABLE SRI JUSTICE P. NAVEEN RAOWRIT PETITION No. 38607 OF 2013
Date: 30.12. 2013
Between :
P Suryanarayana Reddy S/o P Lakshminarayana Reddy
and
Deputy Transport Commissioner and Secretary,RTA, Anantapur, and others … Petitioner … Respondents The Court made the following:
THE HON’BLE SRI JUSTICE P NAVEEN RAO
WRIT PETITION No.38607 of 2013
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ORDER:
At the request of both Sri E Maruthi Raja, learned counsel for the petitioner, and the learned Government Pleader for Transport, appearing forthe respondents, the Writ Petition is being disposed of at the stage ofadmission.
The relief sought for in this Writ Petition is to declare the seizure ofpetitioner’s vehicle bearing No. AP 02 TB 6679 vide vehicle check report No.0999432 dated 25.12.13, as illegal and arbitrary. A consequential relief issought to the respondents to release the vehicle to the petitioner.
Learned Government Pleader for Transport would draw attention ofthis Court to Section 194 of the Motor Vehicles Act, 1988, which relates tovehicle being driven with weight exceeding the permissible limit. Under sub-section (1) thereof, whoever drives a motor vehicle in contravention of theprovisions of Sections 113, 114 and 115 shall be punishable with a minimumfine of two thousand rupees, and an additional amount of one thousandrupees per tonne of excess load, together with the liability to pay charges foroff-loading of the excess loading permissible weight.
In view of the aforesaid statutory provisions, ends of justice would bemet if the Secretary, Regional Transport Authority concerned is directed toconsider release of the subject vehicle forthwith to the petitioner on hisfulfillment of the following conditions:
1) He shall deposit Rs.2,000/- and an additional amount ofRs.1,000/- per tonne of excess load;
2) He shall also pay the charges, intimated to him by theSecretary, Regional Transport Authority concerned, for off-loading ofthe excess permissible weight;
3) He shall furnish an undertaking to produce the subjectvehicle as and when required to be produced before the jurisdictionalMagistrate; and
4) He shall file proof of ownership and other valid documentsincluding the proof of payment of the tax due before the Secretary,Regional Transport Authority concerned.
The Writ Petition is disposed of accordingly. The miscellaneouspetitions pending, if any, shall also stand disposed of. There shall be no DATE:30.12.2013TVK
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P NAVEEN RAO, J
HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 38607 OF 2013Date: 30.12. 2013