THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32868 OF 2014 Date:31.10.2014 Between:
Ch. Nasar Reddy .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Transport Department, Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32868 OF 2014 ORDER:
Heard.
Under a vehicle check report No.057345, dated 24.10.2014, the 3rd respondent has checked and seized the Tractor and Trailor of the petitioner bearing Nos.AP 27AP 1613 and AP 27AP 1612. The petitioner states that two other vehicles bearing Nos.AP 27TT 3734 and AP 27TT 3733 were also seized on the ground that they also belong to the petitioner and as per the check report, the grounds of seizure were stated to be RC, FC IC, DL and PUC were not produced along with the vehicle; he was not carrying proof of payment of tax and the vehicles were having wrong cabins.
The petitioner states that he paid due tax and got the documents in support of all the deficiencies he was pointed out. The copies of the said documents are produced along with the said affidavit. The petitioner also states that so far as the vehicles bearing Nos.AP 27TT 3734 and AP 27TT 3733, referred to above, are concerned, they were sold by the petitioner long back and the name of the owner is also recorded in the R.T.A. In view of the same, the present writ petition, as to the release of the vehicle, sought for is only with respect to the vehicle bearing No.AP 27AP 1613 and AP 27AP 1612, as stated above.
It is evident from the affidavit that the petitioner has not made any application in writing seeking release of the vehicle by approaching the 2nd respondent.
In the circumstances, the writ petition is disposed of permitting the petitioner to approach the 2nd respondent and make an appropriate application for release of the vehicle by satisfying the 2nd respondent that all the deficiencies pointed out by the 3rd respondent are complied with by the petitioner and producing necessary documents in support thereof. If such an application is filed by the petitioner, the 2nd respondent shall consider the same and pass appropriate orders expeditiously, preferably within three days from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V.AFZULPURKAR, J
31.10.2014
KH