WP/33568/2010 of Gowtham Model School Vs The Deputy Transport Commissioner on 31 December 2010

ORDER:

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

2. This writ petition is filed with the prayer, which reads asunder:

“……Mandamus or any other writ, order or direction, declaringthe action of the 2[nd] respondent herein in seizing the petitioner’svehicle bearing No.AP 15/X.3930 under check reportNo.3207352, dated 15.12.2010, as illegal and arbitrary andfurther direct the respondents to release the said vehicleforthwith and pass……”

3. A perusal of the vehicle check report, dated 15.12.2010, reveals that there is no proof of payment of tax, insurancecertificate in respect of the said vehicle was not produced and thevehicle was not authorized to ply in Medak District. Thus, thepetitioner has violated the conditions of permit.

4. The petitioner has filed proof of receipt in token of paymentof tax towards the said vehicle. It is also submitted that thepetitioner has not violated the conditions of permit and he ispossessing all necessary documents relating to the vehicle inquestion.

5. Inasmuch as the vehicle was seized on 15.12.2010 and itis for the competent authority to enquire into the allegations made inthe check report, I deem it appropriate to dispose of the writ petitionwith a direction to the respondents to release the petitioner’s vehiclebearing No.AP 15/X.3930 on condition of the petitioner depositing anamount of Rs.10,000/- (Rupees ten thousand only) before thecompetent authority. It is made clear that such deposit will besubject to the further orders being passed by the competentauthority. It is directed that the petitioner shall not transfer oralienate the vehicle in question till appropriate final orders arepassed by the competent authority pursuant to the allegations madein the check report, dated 15.12.2010.

6. 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)