Telangana High Court
WP/33234/2010 of Ravisankar Babu Makkena Vs The Motor Vehicles Inspector, on 29 December 2010
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.33234 of 2010 Date: 29.12.2010 Between : Ravisankar Babu Makkena … Petitioner And The Motor Vehicles Inspector, Narasaraopet, Guntur District and another. … Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION
Date: 29.12.2010
Between :
Ravisankar Babu Makkena
… Petitioner
And
The Motor Vehicles Inspector,Narasaraopet, Guntur District and another.
… Respondents
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ORDER:
Heard learned counsel appearing for the petitioner as well asthe learned Government Pleader for Transport.
2. This writ petition is filed with the prayer, which reads asunder:under:
“…….Writ of Mandamus declaring the seizure and detention ofpetitioner’s vehicle bearing R.No.AP 07U 5875 seized undervehicle Check Report No.3012194, dated 01.12.2010 by the 1[st]respondent as arbitrary, illegal, void, vitiated unconstitutional,without jurisdiction, contrary to the mandatory provision ofMotor Vehicles Act, 1988 and violative of the judgment of theHon’ble Court in 2000 (4) ALD 501 and grant such othernecessary relief……..”
3. A perusal of the check report, dated 01.12.2010, indicatesthat the allegations against the petitioner is that he has not producedthe permit of the receipts when the vehicle in question wasinspected and there was no driving licence by the person who wasdriving the vehicle.
4. With regard to the allegations made against the petitioner,it is a matter for enquiry by the competent authority. Inasmuch as itis stated that the vehicle was seized on 01.12.2010 and the enquirywill take some more time, having regard to the nature of theallegations made in the check report, dated 01.12.2010, I deem itappropriate to dispose of the writ petition with a direction to therespondents to release the petitioner’s vehicle bearing R.No.AP 07U5875 on condition of the petitioner depositing an amount ofRs.10,000/- (Rupees ten thousand only) before the Road TransportAuthority, Guntur. It is made clear that such deposit will be subjectto the further orders being passed by the competent authority. It isdirected that the petitioner shall not transfer or alienate the vehiclein question till appropriate final orders are passed by the competentauthority pursuant to the allegations made against the petitioner.
5. Subject to above observations and directions, the writpetition is disposed of, at the admission stage. There shall be noorder as to costs.
_______________________________
JUSTICE R.SUBHASH REDDY
29.12.2010.NOTE:- Issue C.C. in two days. (B/O) Msr
29.12.2010(Msr)