Telangana High Court
WP/40152/2012 of Kethavath Godavari Vs The Regional Transport Authority, on 31 December 2012
L. NARASIMHA REDDY WRIT PETITION No.40152 of 2012 ORDER: The petitioner claims to be the owner of Tractor bearing No.AP 25 D 9279. The vehicle was seized on 13-12-2012 by the Assistant Motor Vehicles Inspector, the 2nd respondent herein, on the ground that the vehicle is plying without IC;
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ORDER:
HONOURABLE MR JUSTICE L. NARASIMHA REDDYWRIT PETITION No.40152 of 2012
The petitioner claims to be the owner of Tractor bearing No.AP 25 D9279. The vehicle was seized on 13-12-2012 by the Assistant MotorVehicles Inspector, the 2[nd] respondent herein, on the ground that thevehicle is plying without IC; PUC, no proof of payment of tax 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 against thevehicle of the petitioner, when it was seized. The question as to whetherthe allegations vis-à-vis the vehicle are true can be considered, as andwhen notice is issued by the respondents under the relevant provisions oflaw. Continued detention of the vehicle would not subserve the purpose ofthe respondents. On the other hand, it would result in serious damage tothe vehicle.
4. Hence, the writ petition is disposed of, directing the respondentsto release the Tractor bearing No.AP 25 D 9279, to the petitioner on depositof Rs.5,000/- (Rupees five thousand only). Such release shall however besubject to the proceedings, that may be initiated vis-à-vis the vehicle and onfurnishing an undertaking to the effect that the petitioner shall produce thesame as and when required, and shall not use the vehicle for commercialuse unless specific permit is obtained. There shall be no order as to costs. The miscellaneous petition filed in this writ petition also shall standdisposed of.
December 31, 2012.Note: Furnish C.C. in two days.B/O.KTL
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L. NARASIMHA REDDY, J.