Telangana High Court
WP/27618/2005 of Sacred Hearts English Medicum School, Vs Deputy Transport Commissioner and Secretary on 27 December 2005
SRI JUSTICE L.NARASIMHA REDDY W.P.No.27618 of 2005 Date:27.12.2005 Sacred Hearts English Medium School. --------PETITIONER The Deputy Transport Commissioner and Secretary and another. ---------RESPONDENTS ORDER: The vehicle of the petitioner bearing Registration No. AP.26/W.5085 was
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
W.P.No.27618 of 2005
Date:27.12.2005
Sacred Hearts English Medium School.
--------PETITIONER
The Deputy Transport Commissioner and Secretary and another.
---------RESPONDENTS
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ORDER:
The vehicle of the petitioner bearing Registration No. AP.26/W.5085 was seizedby the 2[nd] respondent, through Vehicle Check Report, dated 17.12.2005, on thegrounds that the driver of the vehicle was absconding and that the vehicle wasbeing plied without possessing the necessary documents. The petitionerchallenges the seizure in this writ petition.
Heard the learned counsel for the petitioner and the learned GovernmentPleader for Transport.
A perusal of the Vehicle Check Report, dated 17.12.2005, discloses that thedriver of the vehicle was absconding and it did not possess R.C., I.C., F.C.,Permit, Driving Licence and P.U.C. Certain other lapses were also pointed out.The liability of the petitioner in the context of these observations needs to beestablished in the proceedings to be initiated under the relevant provisions ofthe Motor Vehicles Act. If the vehicle is detained and kept in the custody of the2[nd] respondent, till such proceedings take place, not only the petitioner wouldbe put to irreparable loss, but also the vehicle would be exposed to the dangerof theft and damage. The interest of the State can be protected by imposingnecessary conditions while permitting the petitioner to keep the custody of the For the foregoing reasons, the writ petition is disposed of, directing that;
a. the vehicle of the petitioner bearing Registration No.AP.26/W.5085,shall be released to him, on his depositing a sum ofRs.15,000/- (Rupees Fifteen Thousand Only);shall be released to him, on his depositing a sum ofRs.15,000/- (Rupees Fifteen Thousand Only); b. the petitioner shall also furnish an undertaking to the effect that heshall not alienate the vehicle till the proceedings in pursuanceof the Check Report are finalized and that he shall producethe vehicle as and when required; andshall not alienate the vehicle till the proceedings in pursuanceof the Check Report are finalized and that he shall producethe vehicle as and when required; and
c. the petitioner shall be entitled to ply the vehicle, if only it is coveredby the necessary documents.by the necessary documents.
d. There shall be no order as to costs.
Note: Issue C.C. in two days.
(B/o)
Jsu
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27.12.2005