Telangana High Court

WP/24569/2004 of Abdul Majeed, Vs The Secretary, Regional Transport on 29 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24569 of 2004 Between: Abdul Majeed, S/o. S. Abdul Munaf, r/o. 15-1-94/A54, Sivaji

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24569 of 2004

Between:

Abdul Majeed, S/o. S. Abdul Munaf, r/o. 15-1-94/A54, Sivaji Nagar, Madanapalli, Chittoor District, (Maxi Cab KA 04/8199 owner)

..... PETITIONER

AND

1 The Secretary, Regional Transport Authority, Chittoor.

2 The Inspector of Police, Special Squad, Chittoor Region, Chittoor.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ or Mandamus or any other appropriate writ, order or direction,declaring the seizure of the vehicle bearing Registration No. KA.04/8199 by the2nd respondent herein under check report dt. 14-12-2004 and the action of the1st respondent in not releasing the vehicle as illegal and arbitrary andconsequently direct the respondents to release the said vehicle forthwith andpass such other orders Counsel for the Petitioner: MR.NOUSHAD ALI

Counsel for the Respondents: GP FOR TRANSPORT

The Court at the admission stage, made the following :

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 24569 of 2004

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ORDER:

The petitioner has filed this writ petition seeking a direction to therespondents to release his Vehicle Maxicab bearing Regd.No.KA04/8199.

2. The 2[nd ]respondent seized the petitioner’s vehicle under check report dated14-12-2004 for violation of certain irregularities and kept vehicle underdetention in Mudivedu Police Station.

3. The learned counsel for the petitioner has contended that the petitioner madea representation, dated 22-12-2004 to the 1[st] respondent requesting him torelease the vehicle, but the 1[st] respondent refused to release the vehicle.Therefore, he prays to grant interim custody of the vehicle to the petitioner. Thecounsel has further contended that if any violations are made, the petitioner willbe liable to pay the amount.

4. The learned Government Pleader for Transport has opposed the applicationfiled by the petitioner on the ground that the petitioner has to approach the 1[st]respondent-Transport authority for grant of interim custody of the vehicle andappropriate orders have to be passed by the 1[st] respondent, but the petitioner,without approaching the 1[st] respondent has filed this writ petition.

5. As per the check report, dated 14.12.2004, the 2[nd] respondent seized thevehicle of the petitioner for violation of certain irregularities. Though it isasserted in the affidavit that the petitioner made a representation, dated 22.12.2004, the 1[st] respondent has not taken any steps for grant of interimcustody of the vehicle since the vehicle is being used for the purpose ofcarrying the passengers. Therefore, it would be appropriate to direct the interimcustody of the vehicle to the petitioner.

6. In the light of the above circumstances, the 1[st] respondent-Deputy TransportCommissioner is directed to release the vehicle of the petitioner for interimcustody on condition that the petitioner deposits Rs.7,500/- (Rupees SevenThousand Five Hundred Only) on the following terms and conditions.

1. that the petitioner shall not transfer the vehicle to any other personwithout the permission of the 1[st] respondent.without the permission of the 1[st] respondent.

2. that the petitioner shall not change the engine or any part of thevehicle.vehicle.

3. that the petitioner shall produce the vehicle as and when required bythe authorities concerned.the authorities concerned.

4. that the petitioner shall participate in the enquiry that is going to beconducted by the 1[st] respondent after receipt of show cause noticeby filing his explanation.conducted by the 1[st] respondent after receipt of show cause noticeby filing his explanation.

5. that the tax, if any, may be adjusted out of the amount deposited by thepetitioner.petitioner.

The 2[nd] respondent may take further steps for recovery of the tax from thepetitioner.

7. Accordingly, the writ petition is disposed of in terms of the above directions.There shall be no order as to costs.

__________________

December 29, 2004

Note:

Wire at party’s costs.

B/o.

Kvr

To

1 The Secretary, Regional Transport Authority, Chittoor.

2 The Inspector of Police, Special Squad, Chittoor Region, Chittoor.

3 Two CCs to G.P. for Transport,

High Court Buildings, Hyderabad (OUT).

4 2 C.D copies.

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