P. Krishnaiah, S/O. Narayana, v. The State Of Telangana Rep. By

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.7088 of 2015 ORDER:

Questioning the action of the respondents in seizing the tractor and trailer bearing registration Nos.AP22L2499 and AP36U6609 belonging to the 1st petitioner and the tractor and trailer bearing registration Nos.AP22E9094 and AP22X2391 belonging to the 2nd petitioner, without following the due procedure, the petitioners filed the present writ petition.

It is represented by the learned counsel for the petitioners that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 on 23.02.2015 giving certain directions and that the present case is covered by the said judgment, which is not disputed by the learned Assistant Government Pleaders appearing for the respondents. In view of the said representation, following the said judgment, the writ petition is disposed of directing the petitioners to submit an application for release of the vehicles before the competent authority and the competent authority shall, within three days from the date of receipt of such applications, examine whether the vehicles are used in committing the offence for the first and second time; and if so, consider directing release of the vehicles on payment of the prescribed penalty.

If, on the other hand, the vehicles are found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicles after deposit of amount in accordance with Rule-12 of GO.Ms.No.15 dated 19.02.2015 and also on execution of bond along with an affidavit giving consent to produce the seized vehicles as and when required. Accordingly, the writ petition is disposed of. No order as to costs.

closed.

____________________ A. RAJASHEKER REDDY, J 18th March, 2015 IBL