Mohd. Abdul Hadi, v. The State Of Telangana
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11804 OF 2015 Date:27.04.2015 Between:
Mohd. Abdul Hadi .. Petitioner And The Sate of Telangana, rep., by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad and others .. Respondents
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11804 OF 2015 ORDER:
The petitioner complains that the sub-ordinates of respondents Police are insisting on him to obtain Police Permits and pay Rs.100/- per vehicle per day. The petitioner states that he is the owner of Contract Carriage Vehicles and ply in the twin cities of Ranga Reddy District. In order to permit him to ply the vehicles, the respondents, particularly the sub-ordinates of respondents, 1 to 4 are insisting upon the petitioner to obtain Police Permits and in support of the said allegation, he has produced receipts issued by the Traffic Police, Hyderabad, in various States regarding the vehicles of the petitioner.
Counter affidavit is filed by respondent No.3 and he denied the averments made in the petition and admitted that such Police Permits are issued free of cost. It is appropriate to extract paragraph Nos.7 and 8 of the counter affidavit, which read as under: "It is pertinent to submit that no amount has been ever fixed as fee for giving police permission. The Police permission for vehicles are issued totally free of charge.
8. It is respectfully submitted that if such vehicle owners do not obtain police permission for movement, the general public will be put to severe inconvenience, due to lack of regulation. This police permission is granted without any charge. It is further respectfully submitted that the restriction imposed on such vehicles is to see that the general public will not suffer due to lack of regulation and intervention by traffic
authorities."
It is, therefore, clear from the above that no payment is insisted upon the petitioner and Police Permits are granted free of cost as a regulatory measure.
Moreover, the same issue was already adjudicated by this Court in W.P.No.14914 of 2014, dated 16.07.2014, and that Writ Petition was disposed of after recording the specific averments of the respondents therein as is made in the present counter affidavit extracted above.
Since the Police Permits, as a regulatory measure, are stated to be issued free of cost by the respondents Police, no further direction therefor is called for. This order, however, shall not preclude the respondents Police from taking appropriate action against such of the vehicles which violate the Traffic Rules in accordance with law. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ VILAS V. AFZULPURKAR, J 27.04.2015 Note:- Registry to attach a copy of the order, dated 16.07.2014, in W.P.No.14914 of 2014 as a part of this order.
(B/o) KH