Telangana High Court

WP/40363/2012 of Venkata Ranga Rao Madala, S/o. M. Venkateshwar Rao Vs The Regional Transport Authority on 31 December 2012

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L. NARASIMHA REDDY WRIT PETITION No.40363 of 2012 ORDER: Petitioner is the owner of a heavy goods vehicle bearing No. OR 04 N 2591. On 21-12-2012, it was seized by the 2nd respondent on the ground that it was overloaded by about 3,975 kgs. The petitioner challenges the check report, under

HONOURABLE SRI JUSTICE L. NARASIMHA REDDYWRIT PETITION No.40363 of 2012

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ORDER:

Petitioner is the owner of a heavy goods vehicle bearing No.OR 04 N 2591. On 21-12-2012, it was seized by the 2[nd]respondent on the ground that it was overloaded by about 3,975kgs. The petitioner challenges the check report, under which thevehicle was seized.

2. Heard the learned counsel for the petitioner and thelearned Government Pleader for Transport.

3. In the recent past, the heavy goods vehicles are loaded inexcess of their capacity leading to damage to the roads. In certaincases, the authorities are passing orders suspending the permitsdepending upon the extent of overload. It is not known as towhether any order of suspension of permit has been passedagainst the petitioner.

4. The Motor Vehicles Act and the Rules made thereunderprovide for levy of penalty to the extent of Rs.1000/- per tonne ofoverload. The continued seizure of the vehicle that too in a loadedcondition would cause heavy damage to the vehicle. At the sametime, the greed of the owners of the vehicles cannot be permitted todamage and spoil the roads on account of undue overload. Whilein inadvertent overload to an extent of 15% can be condoned bycollecting the penalty at the rate of Rs.1,000/- per tonne, anyoverload exceeding that must be penalised through levy of doublethe amount.

5. Hence, the writ petition is disposed of, directing that therespondents shall release the vehicle in question by collecting thepenalty of Rs.1,000/- per tonne for overload up to an extent of 15%of the maximum carrying capacity of the vehicle as entered inRegistration Certificate and at the rate of Rs.2,000/- per tonne forany overload in excess of 15% of such capacity. The respondentsshall return the original documents pertaining to the vehicle, if takenfrom the petitioner, duly retaining copies thereof. There shall be noorder as to costs.

6. Registry shall circulate a copy of this order to all theCourts of Judicial Magistrate of First Class in the State, so that theyshall take this into account while passing any orders in relationthereto.

7. The miscellaneous petition filed in this writ petition shallalso stand disposed of.

December 31, 2012.Note:

_____________________

L. NARASIMHA REDDY, J.

Issue CC in two days.

B/O.KTL

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