THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.14675 of 2014 Between:
K. Siddaiah PETITIONER AND 1. State of A.P. rep. by Secretary, Transport Secretariat Buildings, Hyderabad, and another.
RESPONDENTS ORDER:
This Writ Petition is filed by the petitioner seeking issuance of writ of mandamus declaring the action of the second respondent in seizing the new tractor bearing temporary registration No.AP 24 U CTR 1538, as illegal and arbitrary and consequently to direct the second respondent to release the said vehicle.
The case of the petitioner is that he purchased the above said tractor, which is valid up to 14.02.2014, for agricultural purpose. It is stated that when the driver of the vehicle took the tractor along with the old trailer to the agricultural field of the petitioner situated at Jangaon on 18.01.2014, without carrying all the relevant documents including his driving license, the 2nd respondent conducted a check and prepared a check report with certain allegations such as vehicle documents were not produced and that the tractor was being plied without registration and also the driver did not produce the driving licence. Earlier in the writ petition filed by the petitioner in W.P.No.3833 of 2014 questioning the composite order seizing both the new tractor and the old trailor having different registration numbers, this Court by order dated 12.02.2014 directed the respondents to release the trailor on payment of the tax demanded and the tractor on furnishing the relevant documents. Pursuant to the orders passed by this Court, the petitioner approached the 2nd respondent expressing his willingness to pay the tax demanded for the quarter ending 31.03.2014 and furnished all the relevant documents relating to the tractor, but he is not willing to release either tractor or trailor unless the petitioner pays the alleged taxes due in respect of the trailor, although there is no demand made by them, alleging verbally that an amount of Rs.1,20,000/- is to be paid. Therefore, the petitioner made a representation to the authorities to release the new tractor, which is immediately required for agricultural purposes, and retain the trailor till the adjudication of the tax liability. Since the said representation is not considered so far, the petitioner filed the present writ petition.
Having regard to the limited relief sought for by the petitioner to direct the respondents to consider his representation, this writ petition is disposed of directing the 2nd respondent to consider the representation dated 24.02.2014 submitted by the petitioner keeping in view the order passed by this Court in W.P.No.3833 of 2014 and pass appropriate orders in accordance with law, within a period of one week from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE G. CHANDRAIAH.
29th May, 2014 Js.