Telangana High Court
WP/27494/2005 of P. Satyanarayana Choudary, Vs The Regional Transport Officer, on 26 December 2005
SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 27494 of 2005 DATED: 26.12.2005 Between: P.Satyanarayana Choudary … PETITIONER AND The Regional Transport Authority and another. … RESPONDENTS ORDER: The vehicle of the petitioner bearing Registration No. AP 30 T 9917 was
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY
WRIT PETITION No. 27494 of 2005
DATED: 26.12.2005
Between:P.Satyanarayana Choudary
… PETITIONER
AND
The Regional Transport Authority and another.
… RESPONDENTS
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ORDER:
The vehicle of the petitioner bearing Registration No. AP 30 T 9917 was seizedby the respondent, through Vehicle Check Report, dated 11.12.2005, on theground that the petitioner failed to produce the necessary documents in relationto it. The petitioner challenges 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 11.12.2005, discloses that thepetitioner did not produce R.C., I.C., F.C., Permit and P.C. Certain other lapseswere also pointed out. The liability of the petitioner in the context of theseobservations needs to be established in the proceedings to be initiated under the relevant provisions of the Motor Vehicles Act. If the vehicle is detained andkept in the custody of the respondent, till such proceedings take place, not onlythe petitioner would be put to irreparable loss, but also the vehicle would beexposed to the danger of theft and damage. The interest of the State can beprotected by imposing necessary conditions while permitting the petitioner tokeep the custody of the vehicle.
For the foregoing reasons, the writ petition is disposed of, directing that; a. the vehicle of the petitioner bearing Registration No.AP 30 T 9917,shall be released to him, on his depositing a sum ofRs.10,000/- (Rupees Ten Thousand Only);shall be released to him, on his depositing a sum ofRs.10,000/- (Rupees Ten 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.
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26.12.2005
Jsu