WP/25934/2008 of Godishala Prabhakar, Vs The Regional Transport Authority Mancherial, on 29 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT

THE HON'BLE MR JUSTICE GODA RAGHURAM

and

THE HON'BLE MR JUSTICE SANJAY KUMAR

WRIT PETITION NO : 25934 of 2008

Between:

Godishala Prabhakar, S/o. Mr. G. Venkataiah, r/o. H.No. 2-163/4, Paikajinagar, Asifabad Town & Mandal, Adilabad District.

..... PETITIONER

AND

1 The Regional Transport Authority Mancherial, Adilabad District.2 The Motor Vehicle Inspector, Asifabad, Office at Asifabad Mandal,Adilabad District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue awrit, order or direction, more particularly a writ ofmandamus declaring the seizure on 07-11-2008 of the petitioner's VehicleLMV Tractor Bearing Registration No. AP 01f8839 by the Respondents isillegal and void in the interest f justice and equity or pass Counsel for the Petitioner:MR.MOHAMMED RAHAIL AHMED

Counsel for the Respondent No.: GP FOR TRANSPORT

The Court made the following :

THE HON’BLE SRI JUSTICEGODA RAGHURAMAndTHE HON’BLE SRI JUSTICEP.V. SANJAY KUMAR

W.P.No. 25934 of 2008

Oral Order: (Per: GR, J)

The petitioner’s tractor bearing registration No. AP-01-F-8839 along with a trailer bearing Chasis No. 36/2008 werechecked on 07-11-2008 while allegedly proceeding from Asifabad toBurguguda with a load of sand. The vehicle check reportdated 07-11-2008 sets out the offences committed in themovement of the vehicles. Aggrieved by the seizure, the writpetition is filed.

The first respondent by a Memo dated 24-12-2008issued a demand notice determining the tax payable by thepetitioner on the tractor at Rs.6,520-00 and on the Trailer atRs.12,200-00 while the penalty on the two vehicles inquestion was determined at Rs.12,600-00 and Rs.23,640-00 respectively.

It is stated by the learned Government Pleader that thetotal compounding fee due on the tractor and trailer isRs.2,600-00. It is the admitted position at the bar that asagainst the penalty demand, the petitioner has an appellateremedy before the appellate authority – the TransportCommissioner/Deputy Transport Commissioner.

In the facts and circumstances of the case, weconsider it appropriate to dispose of the writ petition directingthe petitioner to pay an amount of Rs.18,720-00 (i.e., Rs.6,520-00 and Rs.12,200-00 towards the tax component onthe tractor and trailer respectively) plus an amount ofRs.2,600-00 towards the compounding fee for the tractorand trailer; and on the petitioner tendering the said amount to the first respondent, the first respondent shall forthwithrelease the tractor and trailer in favour of the petitioner. Theliability of the petitioner to pay the penalty for the tractor andtrailer as determined in the impugned demand notice of thefirst respondent dated 24-12-2008 shall be subject to theresult of the appeal that may be filed by the petitioner withina period of two weeks from the date of receipt of a copy ofthis order before the appellate authority. The writ petition isaccordingly disposed of. No costs.

____________________

GODA RAGHURAM, J

Dated: 29-12-2008Pvks

_________________________

P.V. SANJAY KUMAR, J