Telangana High Court

WP/24423/2004 of Taher Ali, Vs The Joint Transport Commissioner AND Secretary, on 28 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24423 of 2004 Between: Taher Ali, S/o.Gulam Nabi, Aged about 40 years, R/o.7-1-28/4/ A

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24423 of 2004

Between:

Taher Ali, S/o.Gulam Nabi,

Aged about 40 years, R/o.7-1-28/4/A/1,

Ameerpet, Hyderabad.

..... PETITIONER

AND

1. The Joint Transport Commissioner & Secretary, Regional TransportAuthority, Hyderabad Central, Khairatabad, Hyderabad.Authority, Hyderabad Central, Khairatabad, Hyderabad.

2. The Assistant Motor Vehicles Inspector, Regional Transport Authority,Ranga Reddy District..Ranga Reddy District..

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or direction more particularly one in the nature of petitioner’s LightMotor Vehicle-OMNI (Tata Sumo Jeep) bearing R.A.No.AP09 Q 1368 seized underVehicle Report No.1479625 dated 28.8.2004 by the 2[nd] respondent i.e., theAssistant Motor Vehicles Inspector, Ranga Reddy District as illegal, unjust, arbitrary,unconstitutional and without jurisdiction and consequently direct the respondents torelease the petitioner’s Light Motor Vehicle-OMNI (Tata Sumo Jeep) bearingR.No.AP09 Q 1368 forthwith to the petitioner.

Counsel for the Petitioner:MR.RAJANIKANTH JWALA

Counsel for the Respondent No.: GP FOR TRANSPORT

The Court made the following:

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ORAL ORDER:

The 2[nd] respondent seized the petitioner’s vehicle bearing No.AP09Q 1368 under a check report No.1479625, dated 28.8.2004

for committing certain irregularities. The question as to whether thepetitioner has committed any irregularities or not has to be decided bythe appropriate authority. The petitioner also made a representationto the first respondent for grant of interim custody of the vehicle inquestion but the same has not been considered. It is not desirable tokeep the vehicle idle exposing to sun and rain, which causesdamage to the vehicle. Therefore, interim release of the vehicle inquestion can be granted to the petitioner.

Having regard to the facts and circumstances of the case, therespondents are directed to release the vehicle bearing No.AP09 Q1368 (OMNI Tata sumo Jeep) to the petitioner on his depositingRs.5,000/- (Rupees Five Thousand Only) with the followingconditions:

1. that the petitioner shall not alienate or transfer the vehicle inquestion.question.

2. that the petitioner shall produce the vehicle in question as andwhen required by the authorities concerned.when required by the authorities concerned.

With the above directions, the writ petition is disposed of. In thecircumstances of the case there shall be no order as to costs.

_______________

(K.C. BHANU, J.)

28[th] December, 2004.

bcj

To

1. The Joint Transport Commissioner & Secretary, Regional Transport Authority, Hyderabad Central, Khairatabad, Hyderabad.

2. The Assistant Motor Vehicles Inspector, Regional Transport Authority,Ranga Reddy District..Ranga Reddy District..

3. Two CCs copies to G.P for Transport, High Court Building,Hyderabad(OUT).Hyderabad(OUT).

4. Two CD copies.

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