Madaka Narasimha Murthy, v. The State Of Andhra Pradesh, Transport Department,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.18536 of 2015 ORDER:

The petitioner is the owner of a vehicle bearing registration No.AP 05 X 5353. The Motor Vehicle Inspector, Rajahmundry, East Godavari District - the 3rd respondent herein seized the same on 11-08-2014 under a vehicle check report on the following grounds:

"on verification of RC of AP 09 W 0869 EIB, it is found that the chassis No.KBE 440724 mentioned in the RC is not tallied with the chassis No.YSE 406201 found on the vehicle's chassis. As the chassis number on the chassis of vehicle is not tallied with the RC of registration number found on the vehicle it is seized."

Heard Sri V.V.N. Narayana Rao, 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 parts 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 05 X 5353 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 June 24, 2015 PN THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.18536 of 2015 June 24, 2015 PN