Telangana High Court

WP/27636/2005 of M.A.Abdul Jaffer Vs The Secretary, on 27 December 2005

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead