Smt. K. Jani, v. The State Of Telangana

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.7007 of 2015 ORDER:

Questioning the action of the respondents in seizing the petitioner's vehicle (tractor and trailer) bearing registration Nos.TS06UA1579 and TS06UA2522 without following the due procedure, the petitioner filed the present writ petition. It is represented by the learned counsel for the petitioner 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 petitioner to submit an application for release of the vehicle before the competent authority and the competent authority shall, within three days from the date of receipt of such application, examine whether the vehicle is used in committing the offence for the first and second time; and if so, consider directing release of the vehicle on payment of the prescribed penalty. If, on the other hand, the vehicle is found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicle 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 vehicle as and when required. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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