HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.17794 of 2014 Date: 30-07-2014 Between:
M/s. Dankuni Steels Limited, represented by its Manager and Signatory Sri P.K. Roy .. Petitioner AND The State of Andhra Pradesh, represented by its Principal Secretary, Transport Department, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.17794 of 2014 ORDER:
This writ petition is filed for a mandamus declaring action of the respondents either in not releasing the vehicles belonging to the petitioner company bearing 430Z Pay Loader with bearing Chasis No.43858, JCB vehicle Chasis No.1034660C, Fork Lift bearing SC No.07103395 and HM Pay Loader bearing registered No.WB-25-A-7874 or in giving personal hearing with regard to the objections dated 24-10-2014 as illegal and arbitrary and for a consequential direction to the respondents to consider the objections made by the petitioner.
2. The case of the petitioner is that the petitioner company is engaged in manufacture of pig iron manufacturing company and is situated at Dusi village, Amadalavalasa Mandal, Srikakulam District. It is stated that the petitioner main company purchased vehicles for its use and basing on the exigencies of its subsidiary companies will send the used vehicles to their units and that the petitioner company has sent four vehicles viz., HM Pay Loader, Pay Loader, JCB and Fork Lift for exclusive plying internally in the unit premises of the petitioner company comprising of Ac.45.00 and that the said vehicles are used only for transportation of the material within the unit and out of the said four vehicles, two vehicles were in use and the remaining two vehicles having West Bengal registration are not in working condition. It is also stated that the 3rd respondent on 16-09-2011 conducted an inspection on the petitioner company premises, prepared four different check reports for the said vehicles alleging that the said vehicles are being plied as contract carriages and have no valid permits as well as fitness certificates and the 3rd respondent directed the petitioner company to pay an amount of Rs.4,52,464/- for the Pay Loader, Rs.3,69,916/- for JCB, Rs.1,10,357/- for the Fork Lift and the fourth vehicle i.e. H.M. Pay Loader being an assembled vehicle from the scrap. Challenging the action of the respondents in levying motor vehicle tax for the said four vehicles, the petitioner filed W.P.No.28085 of 2011 and the same was disposed on 14-10-2011 directing the petitioner company to approach the 3rd respondent authority seeking release of the seized vehicles pursuant to which, the petitioner made an application on 21-10- 2011 seeking release of vehicles and thereafter, the petitioner made several reminders to which there was no response from the respondents. It is further stated that on 06-01-2014 three show cause notices are issued vide proceedings dated 06-01-2014, demanding the petitioner company to pay a total life tax and penalty of Rs.4,01,990/-, Rs.1,47,510/- and Rs.5,58,650/- and that the petitioner made an application on 24-01-2014 seeking personal hearing, but no orders are passed. Aggrieved by the same, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Transport.
4. Learned Assistant Government Pleader for Transport states that the authorities will give an opportunity of personal hearing to the petitioner before passing any order.
5. Since it is stated that the petitioner company has already submitted a representation on 24-01-2014 to the show cause notices dated 06-01-2014, the respondent authorities shall pass appropriate orders within four (4) weeks from the date of receipt of a copy of the order, after affording a reasonable opportunity of hearing to the petitioner.
With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 30-07-2014 Ksn