IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31818 of 2014 BETWEEN S. Mohammed Shafi.
AND ... PETITIONER Government of Andhra Pradesh, Rep. by its Principal Secretary (Transport), Secretariat, Hyderabad and two others.
...RESPONDENTS Counsel for the Petitioner: MR. K. NAVEEN KUMAR Counsel for the Respondents: GP FOR TRANSPORT (AP) The Court made the following:
ORDER:
Heard both sides.
2. Petitioner states that he is the owner of vehicle bearing No. KA 53 B 2623 and holds valid goods vehicle permission to ply throughout India. It is stated that on 16.10.2014 when the said vehicle was proceeding from Gudur to Bangalore with the alleged silica sand, respondent No.3 seized the said vehicle vide check report No.1652720 dated 16.10.2014 alleging that it was plying with overload and as against 31,000 KGs permitted it was found to be carrying 44,270 KGs, thus, excess by 13,270 KGs. Respondent No.3, accordingly, seized the vehicle under seizure panchanama and aforesaid check report. Accordingly, order was issued requiring the driver to pay the compounding fees. Petitioner states that he has filed an appropriate application on 17.10.2014 before the Secretary, Regional Transport Authority, Kurnool. Alleging that the vehicle is not released in spite of the said application, the present writ petition is filed.
3. As the petitioner placed reliance upon similar matter considered by this Court in WP.No.35697 of 2013 dated 09.12.2013, the present writ petition, being squarely covered by the directions of this Court earlier, learned Assistant Government Pleader also submits that there is no controversy that the matter is covered by the aforesaid order.
In view of that, there shall be similar directions herein, as in the aforesaid case:
1. Petitioner shall deposit Rs.2,000/- and an additional amount of Rs.1,000/- per ton of excess load;
2. Petitioner shall also pay the charges, intimated to him by the Secretary, Regional Transport Authority concerned, for off-loading of the excess permissible weight;
3. Petitioner shall furnish an undertaking to produce the subject vehicle as and when required to be produced before the jurisdictional Magistrate; and
4. Petitioner shall file proof of ownership and other valid documents including the proof of payment of the tax due before the Secretary, Regional Transport Authority concerned.
The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 24, 2014 DSK