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.11387 OF 2014 DATED:16.4.2014 Between:
Mohd. Moinuddin … Petitioner And The Transport Commissioner Transport Bhavan Khairatabad Hyderabad and others.
… Respondents Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11387 OF 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the parties, we are of the view that the matter needs to be considered by the respondent – Regional Transport Authority (RTA). The RTA has not denied the fact that the vehicle was seized because of default committed by respondent No.4, who previously purchased the vehicle on finance from respondent No.3 - financier, which sold the vehicle in an auction to the petitioner. It is also observed by the RTA that no document was produced to claim for exemption.
Accordingly, we direct the RTA to reconsider the matter. In the event the petitioner produces necessary documents in support of his claim before the concerned RTA, then it shall issue a notice to respondent No.3 - financier and thereafter shall come to a conclusion whether it is a clear case of seizure in terms of the Memo dt.28.8.2003 issued by respondent No.1 and whether it was purchased by the petitioner in the auction held by the financier. If those are found, then benefit in terms of the aforesaid Memo has to be extended. Let the entire exercise shall be completed within a period of four weeks from the date of communication of this order.
With the above directions, the writ petition is disposed of. There will be no order as to costs.
Consequently, W.P.M.P. No.14362 of 2014, filed by the petitioner for interim relief, stands closed.
K.J. SENGUPTA, CJ 16th April, 2014 SANJAY KUMAR, J pnb