WP/27968/2005 of Y.V.D. Pratap Reddy, Vs The Secretary, Regional Transport Authority, on 30 December 2005

ORDER:

The vehicle of the petitioner bearing Registration No. AP-04-T-6017 was seizedby the 2[nd] respondent, through Vehicle Check Report, dated 06.10.2005, on thegrounds that the vehicle was being plied for commercial purpose and that thepetitioner failed to produce the necessary documents in relation to it. Thepetitioner 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 06.10.2005, discloses that thepetitioner did not produce I.C., Permit, P.U.C, proof of payment of tax and F.C.,and that the vehicle was being plied for commercial purpose. Certain other lapses were also pointed out. The liability of the petitioner in the context ofthese observations needs to be established in the proceedings to be initiatedunder the relevant provisions of the Motor Vehicles Act. If the vehicle isdetained and kept in the custody of the 2[nd] respondent, till such proceedingstake place, not only the petitioner would be put to irreparable loss, but also thevehicle would be exposed to the danger of theft and damage. The interest of theState can be protected by imposing necessary conditions while permitting thepetitioner to keep 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-04-T-6017,shall be released to him, on his depositing a sum ofRs.5,000/- (Rupees Five Thousand Only);shall be released to him, on his depositing a sum ofRs.5,000/- (Rupees Five 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.

Note: Issue C.C. in two days.

(B/o)

Jsu

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30.12.2005