High Court for State of TelanganaWP/17826/2016disposed of no costs

K. Chiranjeevi Goud, v. The State Of Telangana, Rep. By Its Principal Secretary,

2016-06-08C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17826 of 2016 ORDER:

At the request of both Sri Ch.Ravinder, Learned Counsel for the petitioner, and the Learned Government Pleader for Transport, appearing for the respondents, the writ petition is taken up for disposal at the stage of admission. The relief sought for in this Writ Petition is to declare the seizure of petitioner's vehicle bearing No.TS 07 UA 3145 vide vehicle check report NO.373088 dated 01.06.2016, as illegal and arbitrary. A consequential relief is sought to the respondents to release the vehicle to the petitioner. Learned Government Pleader for Transport would draw attention of this Court to Section 194 of the Motor Vehicles Act, 1988, which relates to vehicle being driven with weight exceeding the permissible limit. Under subsection (1) thereof, whoever drives a motor vehicle in contravention of the provisions of Sections 113, 114 and 115 shall be punishable with a minimum fine of two thousand rupees, and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess loading permissible weight.

In view of the aforesaid statutory provisions, ends of justice would be met if the Secretary, Regional Transport Authority concerned is directed to consider release of the subject vehicle forthwith to the petitioner on their fulfillment of the following conditions:

1) The petitioner shall deposit Rs.2,000/- and an additional

amount of Rs.1,000/- per tonne of excess load;

2) The petitioner shall also pay the charges, intimated to them by the Secretary, Regional Transport Authority concerned, for off-loading of the excess permissible weight;

3) The petitioner shall furnish an undertaking to produce the subject vehicle as and when required to be produced before the jurisdictional Magistrate; and

4) The petitioner shall file proof of ownership and other valid documents including the proof of payment of the tax due before the Secretary, Regional Transport Authority concerned. The Writ Petition is accordingly, disposed of. No order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 08.06.2016 Note: Issue C.C. tomorrow.

B/o gkv