WP/27942/2005 of M/s. Modern Tourist, Vs The Secretary, on 30 December 2005

ORDER:

The vehicle of the petitioner bearing Registration No. AP-11/W 1 was seized bythe 2[nd] respondent, through Vehicle Check Report, dated 24.12.2004, on thegrounds that the petitioner violated the permit conditions and failed to producethe proof of payment of tax The petitioner challenges the seizure in this writpetition.

Heard the learned counsel for the petitioner and the learned GovernmentPleader for Transport.

A perusal of the Vehicle Check Report, dated 24.12.2004, discloses that thepetitioner violated the permit conditions and did not produce the proof ofpayment of tax for the quarter ending with 31.12.2005. Certain other lapses were also pointed out. The liability of the petitioner in the context of theseobservations needs to be established in the proceedings to be initiated underthe relevant provisions of the Motor Vehicles Act. If the vehicle is detained andkept in the custody of the 2[nd] respondent, till such proceedings take place, notonly the petitioner would be put to irreparable loss, but also the vehicle wouldbe exposed to the danger of theft and damage. The interest of the State can beprotected by imposing necessary conditions while permitting the petitioner tokeep 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-11/W 1,shall be released to him, on his depositing a sum ofRs.15,000/- (Rupees Fifteen Thousand Only);shall be released to him, on his depositing a sum ofRs.15,000/- (Rupees Fifteen 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 operative portion by

wire at party’s costs.

(B/o)

Jsu

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30.12.2005