Ravuri Ravi v. The State Of Telangana,

Date : 8.11.2016 Between :

Ravuri Ravi S/o R Madhusudhana Rao R/o H No. 8-168/1 Ramalingeswara Nagar Nandigama Krishna district Petitioner And The State of Telangana Transport Department Rep by its Transport Commissioner, Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

This writ petition is filed seeking the following relief: "....declaring the action of respondent No. 4 in seizing and detaining the petitioner's Heavy Motor Vehicle (JCB) bearing Registration No. AP 16 DK 3346 under vehicle check report No. 139355 dated 26.10.2016 and further demanding to pay the life tax for the State of Telangana without conducting any enquiry and contrary to law as illegal and arbitrary and consequently direct the respondent to release the vehicle to petitioner herein immediately..." Against the order of the authority levying tax or penalty, an appeal would lie under Section 12 of the A.P. Motor Vehicles Taxation Act, 1963 (for short the Act) and without availing the said remedy of appeal this writ petition is filed.

3.

Learned counsel for the petitioner submits that the petitioner may be given liberty to file an appeal under Section 12 of the Act and that the petitioner is prepared to deposit 50% of the amount, which according to the respondents, he is liable to pay, within a period of one week from the date of receipt of copy of this order. He further prays for release of vehicle after filing of the appeal and depositing 50% of the amount, as aforementioned, subject to outcome of the appeal.

4.

Learned Government Pleader has not seriously opposed the prayer made by the petitioner. Hence, this writ petition is disposed of by the following order:

5.

It is open to the petitioner to file an appeal under Section 12 of the Act, as aforementioned, and to deposit 50% of the amount, which according to the respondent, he is liable to pay towards Andhra Pradesh State

Tax, within a period of one week from the date of receipt of copy of this order. On the petitioner depositing 50% of the tax and filing the appeal, as aforementioned, the concerned authority shall release the vehicle subject to condition that he shall produce the vehicle as and when required. If the order passed in the appeal is adverse to the petitioner, he shall deposit the remaining 50% of the amount within a period of four weeks from the date of decision, subject to his right to challenge the said order in appropriate proceedings. It is needless to mention that the petitioner shall not part with the vehicle till disposal of the appeal that he proposes to file and in any case, before the issue of tax is settled. All contentions on merits are kept open. Miscellaneous petitions, if any, also stand disposed of. ______________ P NAVEEN RAO,J DATE:8.11.2016 TVK

Date : 8.11.2016