S. Palani Swamy, v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7801 OF 2017 ORDER:

The writ petition is filed challenging the action of the respondents in seizing the construction equipment vehicles (Road Rollers).

It is the contention of the learned counsel for the petitioner that the petitioner has already paid the Life Tax for the vehicle Chassis Sl.No.07110091124 on 08.07.2008 and the vehicle has been seized only on the ground that the life tax has not been paid. In those circumstances, the petitioner is entitled to release the vehicle. The prayer of the petitioner is resisted by the learned Government Pleader for Transport and he would point out that even as per the writ affidavit of the petitioner there are two road rollers and the petitioner had asserted that the payment of life tax with details with respect to one of the road roller has been mentioned and whereas with respect to other vehicle, no details have been mentioned. At any rate, learned Government Pleader for the respondents points out that in the letter addressed to the petitioner on 01.10.2016, petitioner was informed that the vehicles having not been registered and the check report dated 08.07.2008 booked by the then Motor Vehicles Inspector and the tax receipt are not tallying with the details of the vehicles seized.

Considering the respective submissions and in the facts and circumstances of the case, the interest of justice would be served, if the writ petition is disposed of by giving liberty to the petitioner to approach the 2nd respondent seeking registration of the vehicles as mandated under the Act. It is for the petitioner to satisfy the 2nd respondent authority with respect to the payment of the life tax in connection with the seized vehicles by producing necessary invoices and tallying with the identification of the vehicles. As and when such material is placed before the 2nd respondent, the 2nd respondent shall consider the material placed before him including the tax receipts which the petitioner alleged to have been paid and after cross verification, the 2nd respondent shall pass necessary orders within a period of two weeks from the date of receipt of copy of this order. With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand disposed of as infructuous. _____________________________ CHALLA KODANDA RAM,J Date:10.03.2017, Note:

Issue CC in two days.

B/o.

Gk.

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7801 OF 2017 10.03.2017 Gk