P. Nagendra, v. State Of Andhra Pradesh,

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.14845 of 2015 ORDER:

The petitioner is the owner of a vehicle bearing registration No.AP-07/TA-4631. The 3rd respondent herein seized the same on 12-05-2015 under a vehicle check report on the following grounds: "1). Tax not paid for 30/6/1; :Last tax paid 31-12-12, 2) F.C. expired 15/12/14;

3) R.C. Ppermit D.L.I.C., PUCC not produced; 4) No seat belt; 5) No right light"

2. Heard Sri E.Maruthi Raja, learned counsel for petitioner and learned Government Pleader for Transport.

3. The Motor Vehicles Act (for short 'the Act') and the Rules made thereunder prescribes the procedure for determination of lapses, if any, committed by the owners of the vehicles, and the consequences that flow from such determination.

4. According to the petitioner, notice under any provision of the Act has not yet been issued. The question, as to whether the lapse pointed out in the vehicle check report is true or not, needs to be decided in the proceedings that may be initiated in accordance with the relevant provisions of law. Continued detention and seizure of the vehicle does not advance the purpose or interest of the respondents. On the other hand, it would expose it to theft of parts and damage. The interest of the respondents can be protected by directing that the vehicle of the petitioner be released, subject to certain conditions.

5. Hence, the Writ Petition is disposed of, directing that the

respondents shall release the vehicle bearing registration No. AP-07/TA-4631 to petitioner on his paying a sum of Rs.20,000/- (Rupees Twenty Thousand only). He shall also file an undertaking to the effect that he shall produce the vehicle as and when necessary, and that he shall not alienate the same, in the meanwhile. There shall be no order as to costs.

6. As a sequel, miscellaneous petitions pending, if any, shall stand disposed of.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 21-05-2015 Vsv/*