HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22409 OF 2014 DATED:7.8.2014 Between:
S. Kiran … Petitioner And The Government of Telangana Rep. by its Principal Secretary Transport Roads & Buildings Department Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22409 OF 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The petitioner assails the action of the Regional Transport Officer, Medchal, Ranga Reddy District, in demanding tax and penalty in respect of the vehicle bearing No.AP 28 TA 8658, on the ground that the said vehicle was under seizure.
A similar issue fell for consideration before this Court in W.P.No.12514 of 2014 and by judgment dated 23.04.2014, this Court directed the Deputy Transport Commissioner concerned to decide as to whether any tax was due in respect of the seized vehicle in terms of the Memo dated 28.08.2003 issued by the Transport Commissioner, Andhra Pradesh.
For reasons alike, the third respondent – Regional Transport Officer is directed to decide the issue as to whether the petitioner would be liable to pay any tax in respect of the seized vehicle in question for the period of seizure in terms of the aforesaid Memo. It would be open to the petitioner to produce all documents in support of his case and after duly considering the same, the third respondent shall pass a reasoned order in the matter in accordance with law. The entire exercise shall be completed expeditiously and in any event, within a period of one month from the date of receipt of a copy of this order. In the meantime, the petitioner shall not transfer, alienate or part with the possession of the vehicle in question or any of its accessories.
The writ petition stands disposed of with the above direction.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 7.8.2014 bnr