High Court for State of TelanganaWP/30185/2015disposed of no costs

Kodidela Sudheer, v. The State Of Andhra Pradesh

2015-09-16A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.30185 of 2015 ORDER:

The petitioner is the owner of a vehicle bearing registration No.AP-03-X-3541. The 5th respondent herein seized the same on 21-03-2014 under a vehicle check report on the following grounds: "1. RC, IC, FC, Tax, DL, permit, PUC not produced;

2. On suspicion, I physically verified the chasis No. of the vehicle and found to be Ch.No.415206BRZ302620 (pencil Print of Chasis No. and enclosed to the VCR. Hence the vehicle seized u/s.8 of APMVT Act, & u/s.207(1) of MV Act and handedover to Transport Manager, Lacno Industries, Rachaguneru, Srikalahasthi for safe custody.

3. The Engine number of the vehicle is not found on the engine.

4. Driver absconded. Hence Triplicate copy of VCR is also enclosed herewith."

Heard Sri P.V.L. Bhanu Prakash, learned counsel for the petitioner and learned Government Pleader for Transport. 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 vehicle, and the consequences that flow from such determination. 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 to theft of part and damage. The interest of the respondents can be protected by directing that the vehicle of the petitioner be released, subject to certain conditions.

Hence, the writ petition is disposed of, directing that the respondents shall release the vehicle bearing No.AP-03-X-3541 to the 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. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J September 16, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.30185 of 2015 September 16, 2015 Pn