HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.30510 OF 2014 Date:14.10.2014 Between:
Continental Trans Organization PLT., Rep., by its Proprietor Anil Garg .. Petitioner And The Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad Central, Khairatabad, Hyderabad, Telangana State and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.30510 OF 2014 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Transport appearing for respondent Nos.1 to 3.
The petitioner complains of seizure of his heavy goods vehicle bearing No.MH 04 EL 1477, which is stated to have been seized by the 2nd respondent under Check Report, dated 02.08.2014. The inaction on the part of the respondents in not releasing the vehicle is questioned in this writ petition.
Learned counsel for the petitioner states that the vehicle is brought from the State of Maharastra only for the purpose of executing the Metro Rail Project and to assist temporarily in Telangana State. He, however, states that he is readty to pay the tax and the vehicle will be sent back as soon as the Metro Rail work is over. The Vehicle Check Report, dated 02.08.2014, shows that the category of vehicle and that on the date of check, R.C.
as well as proof of payment of tax for the quarter ending 30.09.2014 was not produced and as such the owner was requested to bring the requisite documents and submit proof of payment of tax as well as fitness and insurance certificates etc. Learned counsel for the petitioner has placed reliance upon the similar order, dated 29.07.2014 in W.P.No.20599 of 2014. The vehicle check and the violation alleged therein was almost similar to the case on hand.
Keeping the vehicle under seizure is not in the interests of any of the parties herein and the vehicle is required to be used for the Project for the benefit of the State.
Hence, the writ petition is disposed of permitting the petitioner to approach the 1st respondent by making an appropriate application seeking release of the vehicle, subject to payment of tax up to 31.12.2014 as well as producing the fitness and insurance certificates and also the proof of payment of tax paid in Maharastra State. The petitioner shall given an appropriate undertaking to the effect that he will produce the vehicle as and when required by the 1st respondent and will not alienate or shift it to outside Telangana State till completion of enquiry. Thereafter, the 1st respondent shall release the vehicle and also take up appropriate enquiry after giving opportunity to the petitioner to substantiate his defence as against the allegations appearing in the Vehicle Check Report and determine the correctness or otherwise of the check report and pass appropriate final orders thereon. The release of the vehicle, as ordered therein, shall be subject to the final order to be passed by the 1st respondent. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
14.10.2014 KH