WP/42155/2015 of M/s Amar Jyothi Weigh Bridge, Vs The State of Telangana, Represented by its Principal on 30 December 2015

ORDER:

The petitioner is engaged in the business of Weigh Bridge underthe name and style of M/s. Amar Jyothi Weigh Bridge in the premisesbearing Plot Nos.34 and 35 opposite IDPL Balanagar, Ranga ReddyDistrict. The said premises was inspected by the 3[rd] respondent on13.05.2015 at about 1:30 p.m and it was discovered that the WeighBridge was not correctly showing the weight and was showing errorwhich is beyond permissible limits. Therefore, the 3[rd] respondentseized the said Weigh Bridge and lodged a complaint in S.T.C.No.25of 2015 before the XXIV Metropolitan Magistrate, Cyberabad, forcontravention under Sections 8 and 25 of the Legal Metrology Act,2009 and the Rules made thereunder.

2. The petitioner filed Crl.M.P.No.1436 of 2015 in the said S.T.Cbefore the Court below for interim custody of the said weigh bridge. The learned Magistrate rejected the said application by an order dt.06.10.2015. The petitioner then preferred a revision before this Courtin Crl.R.C.No.2889 of 2015. By an order dt. 26.11.2015, thisCourt disposed of the revision directing the respondents to return theseized property subject to petitioner executing a personal bond forRs.50,000/- with one surety for a like sum to the satisfaction of the saidMagistrate. It was further directed that the petitioner shall produce theproperty as and when required by the trial Court.

3. Petitioner contends that the respondents are not willing to re-stamp the weigh bridge even though the competent authority under theAct had given him permission to re-operate the weigh bridge on07.03.2014, which is valid till 06.03.2016 and without cancelling thesame, the petitioner cannot be prevented from running the weigh

4. Learned Government Pleader for Civil Supplies, on instructions,states that the petitioner has not taken the weigh bridge at all bycomplying with the conditions imposed by this Court on 26.11.2015 inCrl.R.C.No.2889 of 2015.

5. Learned counsel for the petitioner states that the petitioner istaking steps to comply with the conditions imposed by this Court in theaforesaid revision case for return of the seized weigh bridge.

6. Similar issue came up before this Court in W.P.No.37274 of2015 and this Court has taken a view that once the weight bridges arereleased to the party by an order of Court, subject to the party runningthe same in accordance with the provisions of the Act and the Rulesmade thereunder, the party can be allowed to run the same and therespondents cannot refuse to re-verify or re-stamp the same.

7. Following the said decision and for the reasons alike, this WritPetition is also allowed directing the respondents to allow thepetitioner to run the weigh bridge in question by re-verifying and re-stamping the same subject to condition of petitioner operating theweigh bridge in accordance with the Legal Metrology Act, 2009 aftertaking delivery of weigh bridge after complying with the conditionsimposed in the Criminal Revision Case referred to above. There shallbe no order as to costs. Miscellaneous petitions, if any, pending in thisWrit Petition shall stand closed.

DECEMBER 30, 2015YVL

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JUSTICE M.S.RAMACHANDRA RAO

THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

YVL

WRIT PETITION No.42155 OF 2015

Dt:30.12.2015