Telangana High Court

WP/27860/2005 of N.Ramgopal Vs The Regional Transport Officer, on 29 December 2005

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SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.27860 OF 2005 DATED 29.12.2005 Between: N.Ramgopal, s/o.N.Pandurangaiah, 50 Years, r/o.8/39, Car Street, Tadipatri, Ananthapur Dist. … Petitioner. And The Regional Transport Officer, Ananthapur. … Respondent. THE HONOURABLE SRI

THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO.27860 OF 2005

DATED 29.12.2005

Between:

N.Ramgopal, s/o.N.Pandurangaiah,50 Years, r/o.8/39, Car Street,Tadipatri, Ananthapur Dist. … Petitioner.

And

The Regional Transport Officer,Ananthapur. … Respondent.

THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO.27860 OF 2005

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ORDER:

The petitioner is the owner of a vehicle bearing No.AP-02 U-6624. On the groundthat the petitioner violated the conditions of permit, the vehicle was seized on23.7.2005. The petitioner filed W.P.No.16644 of 2005 and on the basis of directionsissued therein, the vehicle was released in his favour on deposit of Rs.5,000/-.Thereafter, the respondent issued a notice dated 4.8.2005 as to why a sum ofRs.42,850/- shall not be collected from the petitioner, towards difference of tax. Thepetitioner claims to have submitted reply dated 30.8.2005.

The case of the petitioner is that he intended to dispose of the vehicle and for that purpose he approached the respondent for issuance of clearance certificate and hecomplain that the respondent is not issuing the said certificate, on the ground thatthe proceedings are pending. He seeks appropriate direction from this Court.

Heard the learned counsel for the petitioner and the learned Government Pleader fortransport.

Inasmuch as the respondent had issued a notice dated 4.8.2005 proposing to collectcertain amount from the petitioner towards difference of tax, it may not be possiblefor him to issue no-due certificate. However, the respondent ought not to have keptthe matter pending for such a long time, when the explanation was submitted wayback on 30.8.2005. Be that as it may, the interest of the State can be protected bydirecting the petitioner to furnish bank guarantee for the amount and the respondentcan be required to issue clearance certificate. If such course is adopted, noprejudice would be caused to the State as such.

Hence, the writ petition is disposed of directing the respondent to issue clearancecertificate forthwith to the petitioner on his furnishing bank guarantee for a sum ofRs.42,850/-. The bank guarantee so furnished, shall be subject to the outcome of theproceedings of the respondent, initiated against the petitioner. There shall be noorder as to costs.

__________

29.12.2005.

Note:

Issue C.C. by 30.12.2005.

B/o.mdaa.

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