High Court for State of TelanganaWP/2902/2015disposed of no costs

Vadla Gangadhar v. The State Of Telangna,

2015-02-11Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2902 of 2015 BETWEEN Vadla Gangadhar.

... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Transport Department, Secretariat, Hyderabad and two others. ...RESPONDENTS Counsel for the Petitioner: MR. KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following:

ORDER:

The vehicle of the petitioner bearing No.AP 22 Y 5338 was seized by the Motor Vehicle Inspector, respondent No.3, on 31.01.2015 and as per the check report No.402681 the

offence/irregularities alleged are that there was no proof of valid tax and that the Registration Certificate, Fitness Certificate, Driving License, Insurance Certificate, PUUCC were not produced. Hence, the vehicle was seized under Section 8 of the A.P. Motor Vehicles Act read with Section 207 of the Motor Vehicles Act and kept with respondent No.2.

2. Petitioner seeks release of the said vehicle by the present writ petition, though the petitioner has not filed any application for release of the vehicle before the respondent concerned. However, the seizure and detaining of the vehicle would serve no purpose and on the contrary, it would lead to detoriation of the vehicle. In view of the above, petitioner is permitted to make an application seeking release of the vehicle by approaching respondent No.2 and as soon as the said application is received, respondent No.2 shall follow the guidelines prescribed by this Court in SALEEM TOURS AND TRAVELS v. JOINT TRANSPORT COMMISSIONER AND SECRETARY, RTA, HYDERABAD[1] and pass appropriate orders within three days of receipt of the application.

The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J February 11, 2015 DSK [1] 2000 (4) ALD 501(DB)