B.E. Veerabhadrappa v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A V SESHA SAI W. P. No.11727 of 2015

ORDER

1. The petitioner is the owner of a vehicle bearing registration No.KA 16 A 4434 and KA 16 A 7207. The Motor Vehicles Inspector, Hindupur, Anantapur District - 3rd respondent herein seized the same on 20.02.2015 under a vehicle check report.

2. Heard Sri K. Naveen Kumar, learned counsel for the petitioners and learned Government Pleader for Transport.

3. 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 vehicles, and the consequences that flow from such determination. According to the petitioner, notice under any provision of the Act has not yet been issued.

4. That 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 b e initiated in accordance with the relevant provisions of law. Continued detention and seizure of the vehicle does not advance the purpose or interest o f the respondents. O n the other hand, i t would expose t o theft of parts and damage. The interest of the respondents can b e protected b y directing that th e vehicle o f th e petitioner be released subject to certain conditions.

5. Hence, the Writ Petition is disposed of directing that the respondents shall release the vehicles bearing Nos. KA 16 A 4434 and KA 16 A 7207 to the petitioners on the petitioners paying a sum of Rs.20,000/- each (rupees fifteen thousand only). The petitioners shall also file an undertaking to the effect that h e shall produce the vehicle s as and when necessary and that they shall not alienate the same in the meanwhile. There shall be no order as to costs.

6. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence.

__________________________ JUSTICE A.V.SESHA SAI Date: 13.10.2015 BV