WP/24394/2004 of Mr.P.Ismail, Vs Government of Andhra Pradesh, on 28 December 2004

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 M.H.S. ANSARI

and THE HON'BLE MR JUSTICE V.ESWARAIAH

WRIT PETITION NO : 24394 of 2004

Between:

1 Mr.P.Ismail, S/o.Mr.P.Abdul Rawoof, Major, H.NO.15/668, C.B.Road, Tadpatri, Anantapur District.

2 Mr.T.Narayana Swamy, S/o.Shri T.pullaiah, Major, R/o.P.M.Kondapuram, Yellanuru Mandal, Tadpatri Taluq, Anantapur District.

..... PETITIONERS

AND

1 Government of Andhra Pradesh, rep.by its Secretary, Transport Department, Secretariat Buildings, Saifabad, Hyderabad.

2 Motor Vehicle Inspector, Anantapur.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Court may be pleased to pass an order or orders or direction or writ moreparticularly one in the nature of writ of Mandamus declaring the actionof the 2nd respondent in seizing the Mahendra & Mahendra Maxi-Cab vehicle bearing No.AP 02 U 5368 and thereby demanding topay Rs.48,600 towards tax and penalty for three quarters as illegal,unreasonable and irrational and consequently set aside the sameand pass such other order or orders.

Counsel for the Petitioner:M/SC.KODANDA RAMCounsel for the Respondent No.: GP FOR TRANSPORTThe Court made the following :

O R D E R (Per MHSA,J)

Having heard the learned counsel for the petitioner and oralsubmissions made on behalf of the 2[nd] respondent by learnedGovernment Pleader for Transport, we are inclined to dispose of theinstant writ petition with certain appropriate directions.

2 . Petitioner has questioned the action of the 2[nd] respondent inseizing the maxi cab vehicle bearing No.AP 02 U 5368 and a prayerhas also been made for release of the said vehicle.

3 . We find that the vehicle was detained pursuant to the vehiclecheck report No.414066 dated 14.12.2004. It appears from the saidreport that the petitioner did not produce registration certificate book,driving licence, insurance certificate, fitness certificate and proof ofpayment of tax.

4 . It cannot be disputed that power to seize and detain vehicle incase of non-payment of tax is conferred on the authority. Under Rule448(A) of A.P. Motor Vehicle Rules 1989, procedure of seizing anddetaining motor vehicles is prescribed and under Rule 448(B),procedure for release of the vehicle seized and detailed, is providedfor.

5 . We find that the petitioner has approached this Court directlywithout making an application for release of the vehicle before theSecretary, Regional Transport Authority, Anantapur. In such view ofthe matter, instant writ petition is disposed of with directions as under:

“ If the petitioner makes appropriate application for release of thevehicle seized and detained pursuant to the vehicle check reportreferred to supra, the Secretary, Regional Transport Authority,Anantapur shall consider such application in accordance with lawand dispose of the same within a period of three days from date ofmaking such application.”

6. However, all questions are left open and the petitioner is at libertyto raise all contentions of law and fact as he may be advised in the proceedings pending before the respondent – authorities and/or in the application for release of the vehicle seized.

7. No order as to costs.

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M.H.S.ANSARI, J

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V.ESHWARAIAH, J

Note: CC on priority basis.

To

1 Government of Andhra Pradesh, rep.by its Secretary, Transport Department, Secretariat Buildings, Saifabad, Hyderabad.

2 Motor Vehicle Inspector, Anantapur.

3. Two C.Cs. for G.P. for Transport, High Court of A.P.

Buildings, Hyderabad (O.U.T.).

4. Two C.D. copies.