Telangana High Court
WP/40122/2012 of Lakshman Sri, Vs The Secretary on 28 December 2012
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.40122 of 2012 ORDER: Petitioner is the owner of a heavy goods vehicle bearing No. AP 09 W 3223. On 26.12.2012, it was seized by respondent No.2 on the ground that it was overloaded by about 8,885 kgs. The petitioner challenges the check
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.40122 of 2012
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ORDER:
Petitioner is the owner of a heavy goods vehicle bearingNo. AP 09 W 3223. On 26.12.2012, it was seized byrespondent No.2 on the ground that it was overloaded by about8,885 kgs. The petitioner challenges the check report, underwhich the vehicle was seized.
Heard the learned counsel for the petitioner and thelearned Government Pleader for Transport.
In the recent past, the heavy goods vehicles are loadedin excess of their capacity leading to damage to the roads. Incertain cases, the authorities are passing orders suspendingthe permits depending upon the extent of overload. It is notknown as to whether any order of suspension of permit hasbeen passed against the petitioner.
The Motor Vehicles Act and the Rules made thereunderprovide for levy of penalty to the extent of Rs.1000/- per tonneof overload. The continued seizure of the vehicle that too in aloaded condition would cause heavy damage to the vehicle. Atthe same time, the greed of the owners of the vehicles cannotbe permitted to damage and spoil the roads on account ofundue overload. While in inadvertent overload to an extent of15% can be condoned by collecting the penalty at the rate of Rs.1,000/- per tonne, any overload exceeding that must bepenalised through levy of double the amount.
Hence, the writ petition is disposed of, directing that therespondents shall release the vehicle in question by collectingthe penalty of Rs.1,000/- per tonne for overload up to an extentof 15% of the maximum carrying capacity of the vehicle asentered in Registration Certificate and at the rate of Rs.2,000/-per tonne for any overload in excess of 15% of such capacity.The respondents shall return the original documents pertainingto the vehicle, if taken from the petitioner, duly retaining copiesthereof. There shall be no order as to costs.
The miscellaneous petition filed in this writ petition shallalso stand disposed of.
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L. NARASIMHA REDDY, J.
Dated:28.12.2012Note: Issue cc tomorrow.(B/o)kdl