Telangana High Court
WP/40179/2012 of R.Swamy Vs The Regional Transport Authority, on 31 December 2012
L. NARASIMHA REDDY WRIT PETITION No.40179 of 2012 ORDER: The petitioner claims to be the owner of TATA Ace bearing No.AP 15 X 1112. The vehicle was seized on 19-11-2012 by the Assistant Motor Vehicles Inspector, the 2nd respondent herein, on the ground that the driver of the vehicle did not
HONOURABLE MR JUSTICE L. NARASIMHA REDDYWRIT PETITION No.40179 of 2012
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ORDER:
The petitioner claims to be the owner of TATA Ace bearingNo.AP 15 X 1112. The vehicle was seized on 19-11-2012 by theAssistant Motor Vehicles Inspector, the 2[nd] respondent herein, on theground that the driver of the vehicle did not produce the relevantdocuments viz., registration certificate, driving license, insurancecertificate, fitness certificate, proof of tax payment, pollution certificate,etc.
2. Heard the learned counsel for the petitioner and learnedGovernment Pleader for Transport.
3. It is not in dispute that several violations are alleged againstthe vehicle of the petitioner, when it was seized. The question as towhether the allegations vis-à-vis the vehicle are true can beconsidered, as and when notice is issued by the respondents underthe relevant provisions of law. Continued detention of the vehiclewould not subserve the purpose of the respondents. On the otherhand, it would result in serious damage to the vehicle.
4. Hence, the writ petition is disposed of, directing therespondents to release the TATA Ace bearing No.AP 15 X 1112, to thepetitioner on deposit of Rs.5,000/- (Rupees five thousand only). Suchrelease shall however be subject to the proceedings, that may beinitiated vis-à-vis the vehicle and on furnishing an undertaking to theeffect that the petitioner shall produce the same, as and when required.There shall be no order as to costs.
5. The miscellaneous petition filed in this writ petition also shall stand disposed of.
December 31, 2012.Note:Furnish C.C. in two days.B/OKTL
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L. NARASIMHA REDDY, J.