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High Court for State of TelanganaWP/26090/2013dismissed no costs

A. Ramulu, S/O. Narsimha Chary, v. The Secretary

2017-01-27Ramesh Ranganathan,Shameem Akther4 pages

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Petition No.26090 of 2013 Order: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) None appears for the petitioner. Heard learned Government Pleader for Transport. The relief sought for in this writ petition is to declare the action of the respondents in seizing the petitioner's vehicle, without following the procedure under the statute, as illegal and arbitrary.

By the impugned order, the vehicle was seized under Section 8 of the Motor Vehicles Taxation Act and under Section 207 of the A.P. Motor Vehicles Act, and kept at the R.T.C. Depot, Jangaon. The driver was asked to secure a release order from the road transport authority concerned.

This Court, by order in W.P.M.P. No. 32220 of 2013 dated 5.9.2013, directed the respondents to release the vehicle subject to the condition that the petitioner deposited Rs.6,225/- and furnished an undertaking that the vehicle would not be sold nor any third party interest would be created. Thereafter, by order dated 19.11.2013, the said W.P.M.P. was dismissed on the ground that there was no representation.

There has been no interim order in this writ petition ever since 19.11.2013. As the vehicle was released pursuant to the earlier interim order, and as the said interim order has not been in force for the past more than three years, we see no reason, at this stage, to interdict the respondents from taking action in accordance with law.

Leaving it open to the respondents to take necessary action in accordance with law, the writ petition is dismissed. Miscellaneous

Petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (Dr. SHAMEEM AKTHER, J) 27th January, 2017 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Petition No.26090 of 2013 Date: 27.1.2017 pnb