WP/27870/2007 of M/s.Modern Tourist represented by its Managing Partner Vs The Joint Transport Commissioner and Secretary, on 27 December 2007

O R D E R:

This writ petition is filed for a writ of mandamus to declareseizure and continued detention of petitioner’s idle contract carriagebearing R.No.AP 9 X 0044 under vehicle check report No. 2741553dated 18.09.2007 by respondent No.2 as arbitrary and illegal. Thepetitioner has sought for a consequential direction to the respondentsto release its vehicle.

The vehicle check report, under which the petitioner’s vehiclewas seized, contains the following alleged offences/irregularities:

1. Permit not produced and found plying without permit.

2. Vehicle found plying without tax for Q.E. 30.09.2007.

3. As per physical inspection of the vehicle the seating capacity is 50 in all. But as per the RC, seating capacity 36 in all. Hence foundalteration of the seats from 36 in all to 50 in all.alteration of the seats from 36 in all to 50 in all.

4. The above vehicle hired by the Neuland company on contract basis.P. Arun Kumar working as Deputy Manager, Neuland.P. Arun Kumar working as Deputy Manager, Neuland.

At the hearing, learned Assistant Government Pleader for Transportplaced before this Court copy of show cause notice dated 18.12.2007under which a sum of Rs.1,21,800/-, comprising Rs.59,290/- towardstax and Rs. 62,510/- towards penalty, is sought to be demanded.

Learned counsel for the petitioner very strenuously contended thatthe amount demanded under the said show cause notice is not legaland valid. Since the proceedings initiated by the respondents for thealleged irregularities committed by the petitioner in plying its bus areyet to be disposed of, I refrain from going into the merits of the dispute.In view of the fact that the vehicle is under seizure for more than threemonths, I deem it appropriate to dispose of the writ petition in thefollowing terms:

1. The petitioner shall pay a sum of Rs. 59,290/- which is thealleged tax excluding the penalty of Rs. 62,510/- demanded inshow cause notice dated 18.12.2007.alleged tax excluding the penalty of Rs. 62,510/- demanded inshow cause notice dated 18.12.2007.

2. The petitioner shall produce all the required documentspertaining to the vehicle apart from filing an undertaking beforerespondent No.1 that it will not alienate or alter the condition ofthe vehicle and that it will produce the same as and whenrequired in connection with the pending proceedings.pertaining to the vehicle apart from filing an undertaking beforerespondent No.1 that it will not alienate or alter the condition ofthe vehicle and that it will produce the same as and whenrequired in connection with the pending proceedings.

3. On the petitioner complying with conditions 1 and 2 supra,respondent No.1 shall forthwith release the vehicle to it whichshall be subject to the outcome of the proceedings pendingbefore respondent No.1.Ordered accordingly.respondent No.1 shall forthwith release the vehicle to it whichshall be subject to the outcome of the proceedings pendingbefore respondent No.1.Ordered accordingly.

As a sequel to disposal of the writ petition, W.P.M.P.No. 36449of 2007 filed by the petitioner for interim relief is disposed of asinfructuous.

27.12.2007

C.V.NAGARJUNA REDDY, J

Note:Issue CC in two days.

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