Svec Constructions Limited v. The State Of Telangana, Rep. By The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.6693 OF 2015 DATED: 24-03-2015 Between:
SVEC Constructions Limited .. Petitioner And The State of Telangana rep. by the Principal Secretary, Transport Department and others .. Respondents
THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.6693 OF 2015 ORDER: (per Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) The writ petition has been filed challenging the seizure of the vehicle belonging to the petitioner.
The seizure was made immediately after its entry in Telangana area. The respondents seized the vehicle in order to realize life tax.
It is not disputed that all taxes in relation to this vehicle in the State of Rajasthan are realized. Law does not permit the State of Telangana to impose tax on the vehicle unless the owner of the vehicle wants to ply the vehicle permanently in the State of Telangana. The petitioner intends to go back to Rajasthan which is its home State.
Therefore, we direct the respondents to release the petitioner's vehicle to enable it to go back to Rajasthan. It is made clear that the writ petitioner shall not try to re-enter in Telangana area without any valid authority. In case of breach of this order by the petitioner, it is open for the respondents to take steps in accordance with law. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
______________________ K.J. SENGUPTA, CJ _____________________ SANJAY KUMAR, J 24-03-2015 Svv (77)
HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.6693 of 2015 _____________________________________________________ (Order of the Division Bench delivered by the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) 24-03-2015