Telangana High Court
WP/28728/2008 of M. Jagan Vs The Commissioner of Transport on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 28728 of 2008 Between: M. Jagan S/o. Bikshapati R/o. H.No. 6-11-476/21, Indira Nagar,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MS JUSTICE G.ROHINIWRIT PETITION NO : 28728 of 2008
Between:
M. Jagan S/o. Bikshapati R/o. H.No. 6-11-476/21, Indira Nagar, Moosarambagh, Hyd. - 36.
AND
..... PETITIONER
1 The Commissioner of Transport Department of Transport Hyderabad, A.P. Hyderabad, A.P.
2 The Joint - Commissioner R.T.A., Ranga Reddy District Hyderabad, A.P. Hyderabad, A.P.
3 The Registering Transport Authority Regional Transport Office Uppal, Ranga Reddy District. Uppal, Ranga Reddy District.
4 Sri. K. Gopi Nath Registering Transport Authority Tirumalagiri, Secunderabad.
5 The E-Seva Counter Rep. by its Manager/Incharge Kothapeta HUDA Complex, Saroor Nagar, Cyberabad, Hyderabad.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ or order especially in the nature of Writ ofMandamus declaring action of seizure/detention of vehicle bearing No.AP 28V 8498 by the 4th Respondent as illegal, irregular, arbitrary,unconstitutional and offends Article 14 and 21 of Constitution of India andagainst the principles of natural justice and consequently direct theRespondent No. 3 and 4 to release the vehicle bearing No. AP 28V 8498.
Counsel for the Petitioner:MR.K.SANGAN NAIDU
Counsel for the Respondent No.: GP FOR TRANSPORT
The Court made the following :
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.28728 OF 2008
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ORDER :
This writ petition is filed to declare the seizure/detention of thevehicle bearing No. AP 28V 8498 by the 4[th] respondent as arbitrary andillegal.
It is alleged by the petitioner that in spite of the fact that thepetitioner approached the 3[rd] respondent by producing the originaldocuments for release of the vehicle, the same have not beenconsidered.
Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Transport.
Having regard to the facts and circumstances noticed above thewrit petition is disposed of permitting the petitioner to make anappropriate representation before the 3[rd] respondent for release of theseized vehicle enclosing all the relevant documents within a period ofone(1) week from the date of receipt of a copy of this Order. If any suchrepresentation is made the 3[rd] respondent shall receive the same andpass appropriate orders in accordance with law as expeditiously aspossible preferably within a period of two(2) weeks thereafter. No costs.
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G. ROHINI, J.
Dt. 30.12.2008Note:Issue CC byTomorrow(B/O)
*TSNR