THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32262 of 2014 Dated 5th November, 2014 Between :
M/s.Roshini Biotech Pvt. Ltd., … Petitioner a n d The State of Andhra Pradesh & others … Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32262 of 2014 ORDER :
Heard.
Case of the petitioner is that he is the District In-charge of the Petitioner-Company, which owns a tractor bearing No.AP02-A-2181. Alleging that said vehicle was plying without payment of tax from 01.04.2011 to 31.03.2013, it was seized by the Transport authorities. Petitioner further states that petitioner Company has received a show-cause notice dated 04.03.2013 demanding payment of tax of Rs.10,800/- together with penalty. On the same day, petitioner was also issued another notice demanding payment of Rs.5,100/- towards penalty for not producing the registration certificate, insurance certificate, fitness certificate, permit, driving license. In said notice, petitioner Company was also given liberty to get the offence compounded by paying the compounding fee by way of a challan. Petitioner, therefore, states that it paid the said amount of Rs.10,800/- together with Rs.5,100/- towards compounding fee and has requested the Deputy Transport Commissioner-respondent No.3 herein to release the vehicle. However, the grievance of the petitioner is that in spite of demand made for release of the vehicle after payment of the entire amount as demanded and also issuance of legal notice dated 10.06.2013 no steps are being taken by respondents 3 and 4.
Learned Government Pleader has received instructions which state that as per vehicle check report No.054733 dated 08.01.2013, the Assistant Motor Vehicles Inspector, Anantapuram, seized the tractor bearing No.AP03TA2181 belonging to the petitioner-Company along with trailer bearing No.AP02U1669, which belongs to registered owner one Y.Venkata Reddy. The said vehicle check report further states that no tax is paid and there are other violations of not carrying fitness certificate, insurance certificate, etc. The vehicles were accordingly seized under section 207 of the Motor Vehicles Act, 1988, and under Section 8 of A.P. Motor Vehicles Taxation Act, 1963, and kept in A.P.S.R.T.C. Deport, Anantapuram, for safe custody. So far as payment of amount by the petitioner with respect to the tractor is concerned, it is stated that said amount was paid by way of D.D. for Rs.15,900/-, however, the registered owner of the trailer has not paid the amount of tax and penalty of Rs.1,07,160/- and the compounding fee of Rs.12,200/-. Demand in respect of said amount is also made against the petitioner, who is stated to have control over the tractor as well as the trailer, irrespective of ownership of trailer being registered in the name of some other person.
Learned counsel for the petitioner states that the petitioner-Company is the owner of the tractor alone and to that extent it paid the amount and as such to the extent of tractor, release can be ordered subject to petitioner’s satisfying respondents 3 and 4. He further states that the District In-charge is authorized to obtain release of the said tractor.
In view of that, the writ petition is disposed of giving liberty to respondents 3 and 4 to initiate further action insofar as trailer is concerned since no amount is paid as per the demand notice with respect to said trailer and insofar as tractor, which is owned by petitioner-Company, is concerned, the same may be released to the petitioner- Company on production of authorization from the Company in favour of the person seeking such release. Further, the demand draft paid by the petitioner-Company with respect to tractor may be encashed by respondents 3 and 4.
There shall be no order as to costs.
Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
VILAS V.AFZULPURKAR, J 5th November, 2014.
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