WP/40357/2012 of K.Nagabushanam, Vs Registering Authority, on 31 December 2012

ORDER:

Petitioner is the owner of a heavy goods vehicle bearingNo.AP 09 T 8087. On 24-12-2012, it was seized by the respondenton the ground that it was overloaded by about 3,580 kgs. Thepetitioner challenges the check report, under which the vehicle wasseized.

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

December 31, 2012.

Note:

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L. NARASIMHA REDDY, J.

Issue CC in two days.

B/O.KTL