Telangana High Court
WP/24540/2004 of Naskanti Srinivas, Vs M. Ashil Yadav, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE M.H.S. ANSARI AND THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 24540 OF 2004 Between: Naskanti Srinivas,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE M.H.S. ANSARI
AND THE HON'BLE MR JUSTICE ELIPE DHARMA RAO
WRIT PETITION NO : 24540 OF 2004
Between:
Naskanti Srinivas, S/o. Yellagoud,R/o. Chittapur (V), Dubbaka Mandal, Medak District.
AND
..... PETITIONER
1. The Assistant Motor Vehicle Inspector, Sangareddy (ENF), Medak District. Sangareddy (ENF), Medak District.
2. The Commissioner of Transport, Government of Andhra Pradesh, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased to issue aWrit, order or direction more particularly one in the nature of Writ of Mandamus, declaringthe seizure of petitioner's vehicle bearing No. AP.36V 2060 (Make :Mahindra Model:Commander 750 DP) Dt. 18-11-2004 as illegal and improper and consequently direct therespondents to receive the tax without penalty and to release the vehicle bearing No.A.P.36V 2060 (Make : Mahindra Model: Commander 750 DP) and to pass necessary order ororders Counsel for the Petitioner: MR.KOTAGIRISREEDHARCounsel for the Respondents GP FOR TRANSPORT
The Court at the admission stage made the following :
O R D E R
Page 1 of 2
(Per Sri Justice M.H.S.Ansari)
Liberty to the petitioner to strike out the name of the 1[st] respondent in the petition as also inthe affidavit. There is no reason why the 1[st] respondent has been arrayed in his personalname in the instant writ petition. The name warrants to be deleted.
Having heard learned counsel for respective parties, we are of the view that the instant writpetition needs to be disposed of at this stage with certain observations.
Petitioner has approached this Court directly without taking recourse to the proceedings forrelease of the vehicle before the appropriate authority. The vehicle of the petitioner wassubjected to vehicle Check Report No.2096443 and was seized and detained for the allegedviolation/irregularities noticed therein. The Secretary, Regional Transport Authority, is theauthority competent to consider the release of vehicle pending enquiry into theoffences/irregularities noticed in the vehicle check report.
In such view of the matter, if the petitioner makes a representation before the Secretary,Regional Transport Authority, Sangareddy for release of the vehicle, it shall be open to theauthority to consider the representation on its own merits and dispose of the sameexpeditiously, preferably within a period of three days from receipt of such representation.
With the observations as above, writ petition accordingly stands disposed of. We need toclarify that we have not gone into the merits of the main controversy and all questions arekept open.
-------------------------------
JUSTICE M.H.S.ANSARI
29[th] December, 2004
Note: Issue C.C. on priority basis.
------------------------------------------- JUSTICE ELIPE DHARMA RAO
(B/O) PGS
To
1. The Assistant Motor Vehicle Inspector, Sangareddy (ENF), Medak District.
2. The Commissioner of Transport, Government of Andhra Pradesh, Hyderabad.
3. 2 CCs to the Govt. Pleader for Transport, High Court Buildings, A.P. Hyderabad (OUT).
THE HON'BLE MR JUSTICE M.H.S. ANSARI
AND
THE HON'BLE MR JUSTICE ELIPE DHARMA RAO
WRIT PETITION NO : 24540 of 2004
(Per Sri Justice M.H.S.Ansari)
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