IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.841 OF 2014 DATED:20.1.2014 Between:
Devalla Ramaiah … Petitioner And The Government of Andhra Pradesh Rep. by its Principal Secretary Transport (TR &B) Department Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.841 OF 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) In terms of the order of this Court dt.17.1.2014, the Secretary, Regional Transport Authority, Vijayawada, Krishna District, is personally present in the Court. Though the appearance was required at 2.00 p.m. today, as the Officer is present and both the learned counsel for the parties are also present we have taken up the matter as per the list before 2.00 p.m. The personal appearance of the officer is dispensed with.
After hearing the learned counsel for the parties, we dispose of the writ petition by the following order.
By this writ petition, the petitioner challenged the proceedings initiated by the second respondent dt.3.1.2014 in Rc.No.35451/B2/2014. The petitioner’s vehicle was seized by the respondent authorities having found the following irregularities.
i. At the time of seizure of the vehicle there is no R.C., Permit, F.C., I.C., PUCC.;
ii. No tax proof for quarter ending 31.12.2013; and
iii. No driving licence.
The writ petitioner, however, disputes the aforesaid contention. Learned counsel for the petitioner says that those documents are lying with the petitioner and they will be produced in the event the Court passes an order.
It appears that the respondent authorities initiated proceedings for non-payment of the tax. The total dues together with interest as demanded by the respondent authorities is around Rs.1,02,920/-. We are told that an appeal has been preferred by the petitioner and the same is pending before the second respondent appellate authority.
Considering the facts and circumstances of this case, we direct the respondents to release the vehicle of the petitioner forthwith in the event the following directions are complied with by the petitioner.
i. The petitioner shall produce all the original documents which were found missing at the time of seizure of the vehicle;
ii. The petitioner shall deposit a sum of Rs.36,520/- with the concerned respondent on account of basic tax dues and shall also execute a bond for securing the amount of penalty of Rs.66,400/-.
In the event, any of the aforesaid directions are not complied with, the vehicle shall not be released.
Our release order will not be construed to be weightage in the matter. After release of the vehicle, the petitioner is restrained from transferring or alienating the vehicle or any accessories thereof till the disposal of the appeal.
The payment of the tax as well as furnishing the security for the penalty will abide by the result of the appeal. We direct that the appeal pending in the matter shall be disposed of by the appellate authority in accordance with law, within a period of fifteen days from the date of communication of this order.
The writ petition is accordingly disposed of. There will be no order as to costs.
Consequently, W.P.M.P. No.919 of 2014 filed by the petitioner for interim relief stands closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 20.1.2014 bnr