WP/28497/2008 of B. Venkatesh, Vs The Commissioner of Transport, on 30 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE GODA RAGHURAMand THE HON'BLE MR JUSTICE SANJAY KUMAR

WRIT PETITION NO : 28497 of 2008

Between:

B. Venkatesh, S/o. Sailu,

R/o. Bandamure (V), Manchal Mandal, R.R. District.

AND

..... PETITIONER

1 The Commissioner of Transport, A.P. at Hyderabad.

2 The Regional Transport Authority, R.R. District, at Attapur.

3 The Regional Transport Officer, Ibrahimpatnam, R.R. District.

4 Inspector of Motore Vehicles, R.T.A. Nagole, R.R. District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue an appropriate writ, order or direction, particularly onein the nature of Writ of Mandamus, declaring the action of the respondentsin imposing the fine to the tune of 200% of the actual tax amount as wellas in noit accepting to receive the actual tax for release of the petitioner'svehciel as illegal, improper, unjust, against to the natural justice, andconsequently direct the respondents to release his seized Tractor videRegistration No. AP-29/BD-3305 and Trally vide bearing No. AP 28U6672, to him forthwith by accepting the original tax due from me and pass Counsel for the Petitioner:MR.G.LNARASIMHA RAO & ASSOCIATES

Counsel for the Respondent No.: GP FOR TRANSPORT

The Court made the following :

THE HON’BLE SRI JUSTICE GODA RAGHURAMANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION NO.28497 OF 2008

ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram)

Under a check report dated 22.10.2008 the fourth respondentdetained the petitioner’s tractor bearing registration No.AP-29/BD-3305and trailer bearing registration No.AP-28/U-6672. The petitioner assertsownership of both vehicles.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Transport.

From the information received by the learned Government Pleaderfor Transport on instructions, it would appear that while the tractor isregistered in the name of the petitioner-B.Venkatesh S/o Sailu, the traileris registered in the name of V.Venkatesh S/o Maraiah. According to thepetitioner, he purchased the trailer a week prior to the check anddetention of the same from V.Venkatesh.

On instructions, the learned Government Pleader also states thatthe tax due on the tractor is Rs.440/- and the penalty due thereon for theviolation recorded by the fourth respondent in the vehicle check report isanother amount of Rs.440/-. In the case of the trailer, the learnedGovernment Pleader states that the tax liability for the period 01.07.2001to 31.12.2008 is Rs.23,800/- and the penalty amounts to Rs.47,600/-, atotal of Rs.71,400/-. A compounding fee of Rs.8,625/- is also payable onthe trailer. The learned Government Pleader, however, states that sincethe trailer is not registered in the petitioner’s name, he cannot seek itsrelease in his favour unless he makes an application for release of the vehicle under Rule 448-B of the Andhra Pradesh Motor Vehicles Rules,1989 accompanied by an application in Form No.29 and/or 30 read withSection 50 of the Motor Vehicles Act, 1988 duly executed by theregistered owner, applying for transfer of the trailer in his favour.

In the facts and circumstances of the case, the respondents 2 and 3are directed to release the tractor bearing registration No.AP-29/BD-3305to the petitioner on the petitioner paying the amount of Rs.440/- towardsthe tax liability on the tractor. The liability of the petitioner to the penaltycomponent shall be subject to the enquiry and final determination by therespondents 2 and 3. Insofar as the trailer is concerned, the petitioner is atliberty to approach the authorities for its release with an application underRule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989 along withan application in Form No.29 and/or 30 read with Section 50 of the MotorVehicles Act, 1988 duly executed by the registered owner for transfer ofregistration of the trailer in the petitioner’s favour. On such an applicationis being made, the respondents would consider the same in accordancewith law but expeditiously.

The writ petition is disposed of with the above directions at thestage of admission. No costs.

_______________________

GODA RAGHURAM, J.

____________________

SANJAY KUMAR, J.

30[th] December, 2008.VGSR / PGS