Telangana High Court
WP/27507/2005 of Mr. A. Sreerami Reddy S/o A. Raghunatha Reddy Vs The Regional Transport Authority, on 26 December 2005
SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 27507 of 2005 DATED: 26.12.2005 Between: Mr.A.Sreerami Reddy. … PETITIONER AND The Regional Transport Authority and another. … RESPONDENTS ORDER: The Tractor and Trailer of the petitioner bearing Registration Nos. AP.21 X
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY
WRIT PETITION No. 27507 of 2005
DATED: 26.12.2005
Between:Mr.A.Sreerami Reddy.
… PETITIONER
AND
The Regional Transport Authority and another.
… RESPONDENTS
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ORDER:
The Tractor and Trailer of the petitioner bearing Registration Nos. AP.21 X 1829and AP 21 V 1086 was seized by the 2[nd] respondent, through Vehicle CheckReport, dated 10.12.2005, on the ground that the petitioner failed to produce thenecessary documents in relation to it. The petitioner challenges the seizure inthis writ petition.
Heard the learned counsel for the petitioner and the learned GovernmentPleader for Transport.
A perusal of the Vehicle Check Report, dated 10.12.2005, discloses that thepetitioner did not produce R.C., I.C., permit, proof of payment of tax, andP.U.C. Certain other lapses were also pointed out. The liability of the petitioner in the context of these observations needs to be established in the proceedingsto be initiated under the relevant provisions of the Motor Vehicles Act. If thevehicle is detained and kept in the custody of the 2[nd] respondent, till suchproceedings take place, not only the petitioner would be put to irreparable loss,but also the vehicle would be exposed to the danger of theft and damage. Theinterest of the State can be protected by imposing necessary conditions whilepermitting the petitioner to keep the custody of the vehicle.
For the foregoing reasons, the writ petition is disposed of, directing that; a. the Tractor and Trailer of the petitioner bearing Registration Nos.AP21 X 1829 and AP 21 V 1086, shall be released to him, on hisdepositing a sum of Rs.5,000/- (Rupees Five ThousandOnly);21 X 1829 and AP 21 V 1086, shall be released to him, on hisdepositing a sum of Rs.5,000/- (Rupees Five ThousandOnly);
b. the petitioner shall also furnish an undertaking to the effect that heshall not alienate the vehicle till the proceedings in pursuanceof the Check Report are finalized and that he shall producethe vehicle as and when required; andshall not alienate the vehicle till the proceedings in pursuanceof the Check Report are finalized and that he shall producethe vehicle as and when required; and
c. the petitioner shall be entitled to ply the vehicle, if only it is coveredby the necessary documents.by the necessary documents.
d. There shall be no order as to costs.
Jsu
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26.12.2005