Telangana High Court
WP/27636/2005 of M.A.Abdul Jaffer Vs The Secretary, on 27 December 2005
SRI JUSTICE L.NARASIMHA REDDY W.P.No.27636 of 2005 Date:27.12.2005 M.A.Abdul Jaffer. --------PETITIONER The Secretary and another. ---------RESPONDENT ORDER: The vehicle of the petitioner bearing Registration No. AP-26-C-5321 was seized by the 2nd respondent, through Vehicle Check
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
W.P.No.27636 of 2005
Date:27.12.2005
M.A.Abdul Jaffer.
The Secretary and another.
--------PETITIONER
---------RESPONDENT
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ORDER:
The vehicle of the petitioner bearing Registration No. AP-26-C-5321 was seizedby the 2[nd] respondent, through Vehicle Check Report, dated 12.12.2005, on thegrounds that the vehicle was plying as ordinary stage carriage and thatpetitioner 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 12.12.2005, discloses that thepetitioner did not produce Permit, I.C., F.C., Driving Licence and P.U.C. Certainother lapses were also pointed out. The liability of the petitioner in the contextof these 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-26-C-5321,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. by tomorrow.
(B/o)
Jsu
_________27.12.2005