Sudhakar K v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 16015 OF 2017 O R D E R :

The Writ Petition is filed to declare Check Report No.358357 dated 07.10.2016 as illegal and contrary to the provisions of the Motor Vehicles Act, 1988 and consequently, to release the seized vehicle bearing No. AP-15-X-2953.

It is the case of the petitioner that he is the owner of the said vehicle and he is eking out his livelihood from out of the income derived from the said vehicle. On 07.10.2016, when the petitioner was proceeding on the said vehicle from Gunturpalli to Gopalpur outskirts, the third respondent stopped the vehicle and seized the same alleging that the documents of the vehicle were not produced and that there was no proof of payment of tax vide Check Report No.358357. The petitioner submitted a representation dated 11.11.2016, before the Secretary, Regional Transport Authority, Karimnagar, requesting for release of the seized vehicle, but, no orders are passed on the same. Aggrieved by the same, present writ petition is filed.

Heard the learned counsel for the petitioner and the learned Government Pleader for Transport.

Having considered the submissions made by the respective counsel, the writ petition is disposed of directing the respondents to release the vehicle bearing No. AP-15-X-2953 in favour of the petitioner on condition of his producing ownership particulars and paying admitted tax and other penalties, as relevant under the Andhra Pradesh Motor Vehicles Taxation Rules, 1963. No order as to costs. Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.

____________________ CHALLA KODANDA RAM,J Date: 28.04.2017 va

Note: - Issue CC forthwith B/o gk