IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.28077 of 2014 BETWEEN Karthikeya Educational Society.
AND ... PETITIONER The Government of Andhra Padesh, Rep. by its Principal Secretary (Transport), Secretariat, Hyderabad and two others.
...RESPONDENTS Counsel for the Petitioner: MR. R. VENKATESHAM Counsel for the Respondents: GP FOR TRANSPORT (AP) The Court made the following:
ORDER:
Petitioner, educational society, is aggrieved by the seizure of their vehicle bearing No.AP 07 TD 1058. The said vehicle was seized on 25.07.2014 while proceeding from B.N. Reddy Nagar to Vanasthalipuram along with 38 students. As per the check report No.408644, the vehicle was found deviating from the route as per Permit No.AP107/125/EIP/2012. The said permit was granted by RTA Narasaraopet for plying the vehicle within the radius of 60 KMS. However, the vehicle was found plying in Hyderabad and was not found accompanied by proof of payment of tax for the quarter ending 30.06.2014, without fitness certificate, without permit, without driving license, without insurance, without PUC and without registration certificate. Hence, the aforesaid check report dated 25.07.2014 was drawn.
2. Petitioner, however, states that it has purchased the vehicle for the purpose of transporting school children. Petitioner asserts in the affidavit that it had paid all the requisite fees and has all the documents necessary for plying the vehicle. Hence, the petitioner seeks release of the vehicle and as such, it has made an application to the second respondent under Rule 448 of the A.P. Motor Vehicle Rules on 19.09.2014. A copy of the said application is produced together with the registration receipts but no acknowledgement card is produced by the petitioner. It is, therefore, not known whether the said application has reached the second respondent and is pending with him.
3. Learned Assistant Government Pleader for Transport states that the petitioner has to pay the requisite compounding fee as well as proof of payment of tax and other levies for violations noticed against the vehicle.
4. Learned counsel for the petitioner states that the petitioner is willing to comply with all the requirements for release of the vehicle by paying the compounding fee and other charges.
5. In the circumstances, since the petitioner’s application dated 19.09.2014 is not supported by any acknowledgement, I deem it appropriate to permit the petitioner to make a fresh application, by approaching the second respondent, seeking release of the vehicle and if such an application is made, the second respondent shall consider the same and after collecting all the necessary charges including the compounding fee, taxes etc, pass appropriate orders keeping in view that the vehicle, in question, belongs to an educational institution and used for transporting school children. The second respondent is free to collect the compounding fee and all necessary charges as payable from the petitioner as a condition precedent for release of the vehicle. The second respondent shall take expeditious action as soon as the application of the petitioner is received.
The writ petition is disposed of. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.
There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 4, 2014 DSK