Telangana High Court
WP/38380/2013 of Ummarji Abdul Saleem, Vs The Government of Andhra Pradesh, Rep. by its Principle on 27 December 2013
RAMESH RANGANATHAN WRIT PETITION No.38380 OF 2013 ORDER: The relief sought for in this writ petition is to declare the action of respondents 2 and 3 in seizing the petitioner’s vehicle, as illegal and arbitrary. Despite time having been granted twice, learned Government Pleader for Home
HONOURABLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.38380 OF 2013
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ORDER:
The relief sought for in this writ petition is to declare the actionof respondents 2 and 3 in seizing the petitioner’s vehicle, as illegaland arbitrary.
Despite time having been granted twice, learned GovernmentPleader for Home submits that she is yet to obtain instructions in thematter. The subject matter of this writ petition relates to seizure of alorry. Learned Government Pleader for Transport would state that,since the vehicle has not been seized by the transport officials but bythe vigilance department, they are unaware of the reasons why thelorry was seized.
Smt. P.Vijaya Lakshmi, learned counsel for the petitioner, wouldcontend that any further delay in passing the order would result in thevehicle suffering irreparable damage.
As the Courts would reopen only after two weeks, I consider itappropriate to direct the 3[rd] respondent, in whose custody the vehicleis said to be with, to either produce the vehicle before the competentMagistrate in case an FIR is registered or to deliver possession of thevehicle to the transport officials in case the vehicle is only found tohave been over loaded. The petitioner shall be intimated of the actiontaken by the 3[rd] respondent within three days from the date of receiptof a copy of this order.
It is made clear that, in case the vehicle is produced in Court, itis open to the petitioner to make an application before the competentMagistrate for release of the vehicle. If, on the other hand, the vehiclehas been seized only because it is found to be over loaded, thepetitioner is permitted to make an application to the Secretary, Regional Transport Authority, Anantapur, who shall consider releaseof the subject vehicle forthwith to the petitioner on his fulfillment of thefollowing conditions:
1) He shall deposit Rs.2,000/- and an additional amountof Rs.1,000/- per tonne of excess load;
2) He shall also pay the charges, intimated to him by theSecretary, Regional Transport Authority, Anantapur, for off-loading of the excess permissible weight;
3) He shall furnish an undertaking to produce the subjectvehicle as and when required to be produced before thejurisdictional Magistrate; and
4) He shall file proof of ownership and other validdocuments including the proof of payment of the tax due beforethe Secretary, Regional Transport Authority, Anantapur.
The Writ Petition stands disposed of accordingly. Themiscellaneous petitions pending, if any, shall also stands disposed of.There shall be no order as to costs.
January 03, 2014.
Note:
Furnish CC in three days.
B/O.KTL
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RAMESH RANGANATHAN, J