WP/33655/2010 of N.S. Saneesh Vs The Secretary, Regional Transport authority, on 31 December 2010

ORDER:

Heard learned counsel appearing for the petitioner as well asthe learned Government Pleader for Transport appearing for therespondents.

2. In this writ petition, the petitioner questions the seizure ofthe Bus bearing No.KL 35-832 pursuant to the Vehicle Check ReportNo.0271152, dated 17.12.2010, as arbitrary and illegal.

3. A perusal of the vehicle check report, dated 17.12.2010,discloses that there are allegations to the effect that the petitioner isusing the said vehicle in Andhra Pradesh State as inter-Statecontract carriage without any permit from the Government of AndhraPradesh and without paying the tax.

4. On written instructions, it is submitted by the learnedGovernment Pleader for Transport that in terms of the orders issuedby the Government in G.O.Ms.No.68, dated 13.4.2006, the petitioner has to pay tax of Rs.1,80,080/- at Rs.3,675/- per seat per quarter for49 seats.

5. Though the petitioner is disputing the allegations in the check report, it is a matter for enquiry by the competent authority.

6. Inasmuch as the vehicle was seized on 17.12.2010 andkept idle and it is for the competent authority to enquire into theallegations made in the check report, I deem it appropriate todispose of the writ petition with a direction to the respondents torelease the petitioner’s Bus bearing No.KL 35-832 on condition ofthe petitioner depositing an amount of Rs.90,000/- (Rupees ninetythousand only) with the 2[nd] respondent-Assistant Motor VehicleInspector, ICP, Naraharipet, Chittoor District. It is made clear thatsuch deposit will be subject to the further orders being passed bythe competent authority. It is further directed that the petitioner shallfile an affidavit to the effect that he will not transfer or alienate thevehicle in question till appropriate final orders are passed by thecompetent authority pursuant to the allegations made in the checkreport, dated 17.12.2010.

7. Subject to above observations and directions, the writpetition is disposed of, at the admission stage. There shall be noorder as to costs.

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JUSTICE R.SUBHASH REDDY

31.12.2010.Msr