High Court for State of TelanganaWP/23947/2015disposed of no costs

M/S Jayveer Logistics, v. The State Of Telangana,

2015-07-31A V Sesha Sai3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** Writ Petition No.23947 of 2015 Between:

M/s Jayveer Logistics, rep. By its owner Jayveer Singh

...Petitioner

and The State of Telangana, rep. By its Principal Secretary, Transport Department, Transport Bhavan, Hyderabad and others

...Respondents

Dated 31-07-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V. SESHA SAI

1. Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals ? Yes/No

3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE A.V. SESHA SAI Writ Petition No.23947 of 2015 ORDER:

This writ petition is filed questioning the seizure of the petitioner's vehicle - Swaraj Mazda, bearing No.AP 29 V 0723, vide check report dated 11-06-2014, by the Assistant Motor Vehicles Inspector, Secunderabad (North Zone), the 4th respondent herein.

When the matter is taken up, a preliminary objection is raised by the learned Government Pleader for Transport, as to the very maintainability of the writ petition, contending that there is an efficacious alternative remedy available to the petitioner herein under Section 207(2) of the Motor Vehicles Act, 1988 (for short 'the M.V. Act'), before the Secretary, Regional Transport Authority, the 2nd respondent herein, and the petitioner is entitled to avail the same. Taking into consideration the nature of controversy, this Court deems it appropriate to direct the petitioner herein to avail the statutory remedy, by making appropriate application before the concerned authority. For the foregoing reasons, the writ petition is disposed of, keeping it open for the petitioner herein to submit appropriate application under Section 207(2) of the M.

V Act, before the 2nd respondent, within a period of one week from the date of receipt of this order. If such an application is filed within the said period, the same shall be considered by the 2nd respondent and pass appropriate orders in accordance with law, within two weeks thereafter; after giving notice and opportunity of hearing to the petitioner, The miscellaneous petitions, if any, filed in the writ petition, shall also stand disposed of. There shall be no order as to costs. _________________ A.V. SESHA SAI, J.

Dt.31-07-2015.