HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.19094 of 2014 Date: 18-07-2014 Between:
J. Hariya .. Petitioner AND The Government of Telangana, represented by its Principal Secretary, Transport Department, Secretariat, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.19094 of 2014 ORDER:
The present writ petition is filed for declaring the return memo passed in proceedings No.XNDIS/A3/MBNR/2014, dated 07-05-2014 by the 2nd respondent as illegal and arbitrary and for a consequential direction to the 2nd respondent to release the Tractor and Trailer bearing No.AP-22-T-7161 & AP-22-T-7162.
The case of the petitioner is that his tractor and trailer bearing Nos.AP-22-T-7161 and AP-22-T-7162 were seized by the 3rd respondent under Vehicle Check Report No.1479020, dated 11- 11-2009 for certain irregularities viz., w/o Tax, w/o R.C., w/o Permit, w/o F.C., w/o PUCC, w/o I.C., and w/o DL.
At the hearing, the learned Assistant Government Pleader for Transport, on instructions, submitted that the petitioner is liable to pay Rs.21,000/- towards tax.
In my opinion, so long as the petitioner’s tax liability is not determined, it may not be proper to insist on payment of penalty. However, the learned counsel for the petitioner submitted that his client will pay the admitted tax of Rs.21,000/- pending determination of his liability.
This Court, in similar circumstances, granted similar relief in W.P.No.21235 of 2013 dated 19-07-2013.
In the light of the above facts, the writ petition is disposed of with the direction to the respondents to release the petitioner’s tractor and trailer bearing Nos.AP-22-T-7161 and AP-22-T-7162 subject to latter depositing the sum of Rs.21,000/-(Rupees Twenty one thousand only) towards the admitted tax liability and his producing the ownership documents along with an affidavit undertaking not to dispose of the vehicle or create any third party interests therein till completion of the enquiry by respondent No.2. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 18-07-2014 Ksn