WP/39007/2013 of Irigineni Nagendra Babu S/o Pedda Rattaiah Vs The Government of Andhra Pradesh, Rep. by its on 31 December 2013

Conclusion

ORDER:

At the request of both Sri B.Papa Rao Goud, learned counsel for the petitioner, and the learned Government Pleader for Transport, appearing forthe respondents, the Writ Petition is being disposed of at the stage ofadmission.

The relief sought for in this Writ Petition is to declare the seizure ofpetitioner’s vehicle bearing No. AP 29 TB 9036 vide vehicle check report No.010136 dated 28.12.13, as illegal and arbitrary. A consequential relief issought to the respondents to release the vehicle to the petitioner.

Learned Government Pleader for Transport would draw attention ofthis Court to Section 194 of the Motor Vehicles Act, 1988, which relates tovehicle being driven with weight exceeding the permissible limit. Under sub-section (1) thereof, whoever drives a motor vehicle in contravention of theprovisions of Sections 113, 114 and 115 shall be punishable with a minimumfine of two thousand rupees, and an additional amount of one thousandrupees per tonne of excess load, together with the liability to pay charges foroff-loading of the excess loading permissible weight.

In view of the aforesaid statutory provisions, ends of justice would bemet if the Secretary, Regional Transport Authority concerned is directed toconsider release of the subject vehicle forthwith to the petitioner on hisfulfillment of the following conditions:

1) He shall deposit Rs.2,000/- and an additional amount ofRs.1,000/- per tonne of excess load;

2) He shall also pay the charges, intimated to him by theSecretary, Regional Transport Authority concerned, for off-loading ofthe excess permissible weight;

3) He shall furnish an undertaking to produce the subjectvehicle as and when required to be produced before the jurisdictionalMagistrate; and

4) He shall file proof of ownership and other valid documentsincluding the proof of payment of the tax due before the Secretary,Regional Transport Authority concerned.

The Writ Petition is disposed of accordingly. The miscellaneouspetitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

DATE:31.12.2013

TVK/kkm

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P NAVEEN RAO, J

HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION No. 39007 OF 2013Date: 31.12. 2013