IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.51360/2019 (MV) BETWEEN :
AGHA KHAN, AGE 62 YEARS, S/O LATE KAREEM KHAN, NO.98/101, R.V.COMPLEX, KALASIPALYAM MAIN ROAD, BENGALURU 560 002.
...PETITIONER (BY SRI. M.E.NAGESH, ADV. ) AND :
1. THE REGIONAL TRANSPORT OFFICER, KOLAR 563 101.
2. THE INSPECTOR OF MOTOR VEHICLES, REGIONAL TRANSPORT OFFICE, KOLAR 563 102.
3. THE INSPECTOR OF POLICE, NARASAPURA, KOLAR DISTRICT 563 102. … RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE VEHICLE OF THE PETITIONER NO.KA-04/A-5210 AS PER THE PRAYER MADE UNDER ANNEXURE-K DATED 25.11.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a direction to the respondent to release the vehicle of the petitioner bearing No.KA 04/A 5210 in terms of the representation made at Annexure-K dated 22/25.11.2019.
2. The petitioner claims to be a registered owner of stage carriage vehicle bearing No.KA 04/A 5210. The said vehicle is covered with stage carriage permit No.30/91-92 valid up to 23.9.2021 with the fitness certificate valid up to 21.4.2020.
3. It is the contention of the petitioner that the taxes for the period from 1.9.2019 to 30.11.2019 has been duly paid and all the procedures/requirements prescribed under the Motor Vehicles Act, 1988 and the Rules framed thereunder are complied with. Despite the same, the vehicle was blacklisted and the petitioner has filed W.P.Nos.13569-13573/2019 and connected matters before this Court which came to be disposed of on 22.10.2019 with liberty to the petitioner to file his explanation/reply and directing the concerned Authority to consider the same and pass appropriate orders within six weeks thereafter. Till then, the respondent Authorities were directed not to precipitate any action against the petitioner.
4. It is contended that the 2nd respondent on 22.11.2019 seized the vehicle by issuing a check report. The petitioner has moved before the respondent- Authority for release of the vehicle as per the petition dated 22/25.11.2019, but of no avail. Hence, this Writ Petition.
5. Learned counsel for the petitioner reiterating the aforesaid grounds urged in the Writ Petition would submit that the respondent-Authority is obligated to consider the request of the petitioner to release the vehicle in terms of Section 207(2) of the Act, but the vehicle is not released despite several requests made.
6. Learned AGA would submit that the request indeed was made by the petitioner on 25.11.2019. As the original documents were not placed by the petitioner on the date of seizure i.e., 22.11.2019, the vehicle was handed over to the jurisdictional police officer to proceed in accordance with law on 22.11.2019 itself. Charge sheet has been drawn and the vehicle is now detained in the custody of the jurisdictional police officer. The petitioner can avail the remedy available under the Criminal Procedure Code to get the vehicle released.
7. In view of the aforesaid, this Court deems it appropriate to direct the petitioner to move before the jurisdictional Court for the release of the vehicle and on such petition being filed by the petitioner, the jurisdictional Court shall consider the same and take a decision in accordance with law for the release of the vehicle in an expedite manner.
Writ Petition stands disposed of accordingly.
Sd/- JUDGE Dvr: