K. Vishnu Hemanth v. The State Of Telangana

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.807 of 2020 O R D E R:

The case of the petitioner is that he is the owner of the car bearing registration No.TS 11 EP 9558 and that on 11.12.2019 at 01.56 hours, when he reached Road No.10C, Jubilee Hills, driving the said car, the 5th respondent-Circle Inspector of Police, Jubilee Hills Traffic Police Station, Hyderabad, seized his car on the ground that there was a violation under Sections 185(a), 130/177 and 207 of the Motor Vehicles Act, 1988, and that the said car is presently lying at the 5th respondent Police Station in the open space and he was also issued with e-challan. The grievance of the petitioner is that the 5th respondent has no jurisdiction to detain his car.

2.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, appearing for the respondents. 3.

Learned counsel for the petitioner submits that this Court, in similar circumstances, in W.P.No.2361 of 2019, vide its order, dated 07.02.2019, disposed of the said writ petition with certain directions. 4.

Learned Assistant Government Pleader for Home does not dispute the same.

5.

For reasons alike as were stated in W.P.No.2361 of 2019 and in terms of the said order, dated 07.02.2019, this writ petition is also disposed of directing the petitioner to appear before the 5th respondent with RC Book relating to the subject vehicle and also by producing proof of his identity, and thereupon, the 5th respondent or other official, who

has the custody of the vehicle in question, shall release the said vehicle to the petitioner forthwith. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _____________________ JUSTI CE T.VI NOD KUMAR Date:10.01.2020 GJ