Telangana High Court

WP/26630/2006 of G.Yousuf, Vs the Regional Transport Authority, on 22 December 2006

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Ms. JUSTICE G. ROHINI WRIT PETITION No.26630 OF 2006 ORAL ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Transport, appearing for the respondents. This writ petition filed seeking a declaration that the action of the respondents in seizing and

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ORAL ORDER:

Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Transport, appearing for the respondents.

This writ petition filed seeking a declaration that the action ofthe respondents in seizing and detaining the petitioner’s Jeep bearingregistration No.AAA-9008 vide vehicle check report dated 18.12.2006,is arbitrary and illegal.

The check report dated 18.12.2006 shows that the vehicle wasseized on various allegations. Since enquiry is required to beconducted by the competent authority into the said allegations,following due process of law, it is not necessary for this Court toexpress any opinion as to the correctness of the said allegations.

However, pending such enquiry, I deem it appropriate to directthe respondents to release the vehicle in question, subject to thecondition that the petitioner deposits a sum of Rs.10,000/- (Rupees tenthousands only), apart from paying the regular tax due, if any. Thepetitioner shall also furnish an undertaking that he will not alienate,transfer, encumber or create any third party interest over the vehicle inquestion till final orders are passed. It is made clear that the amountdeposited in pursuance of this order shall be subject to the out come ofthe enquiry.

Accordingly, the writ petition is disposed of leaving it open torespondents to proceed with the enquiry in accordance with law. Nocosts.

_____________

22[nd] December, 2006. (G. ROHINI, J.)Issue CC today.kgr

22[nd] December, 2006.

Between:

G. Yousuf. .. Petitioner. And

The Regional Transport Authority,Transport Department, Government of Andhra Pradesh, Kadapa and two others. .. Respondents.

22[nd] December, 2006.Kgr

______________(G. ROHINI, J.)

Between:

15[th] December, 2006.

C. Ramesh. .. Petitioner. And

The Dy. Transport Commissioner& Secretary, Regional Transport Authority,Mahabubnagar district and another. .. Respondents.

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