THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. Nos. 30540, 30561, 30605, 30616, 30627, 30628 and 30639 of 2014 Date of Judgment: 17.10.2014 Between:
Sai Anjana Tours and Travels and others …Petitioners And The Government of Telangana and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. Nos. 30540, 30561, 30605, 30616, 30627, 30628 and 30639 of 2014 COMMON ORDER:
All these writ petitions are filed by Sai Anjana Tours and Travels and Meghana Travels with a similar prayer for release of their vehicles except in W.P.No. 30540 of 2014 where release of registration certificate is sought, as such all these writ petitions are disposed of by common order.
I have heard learned counsel for the petitioners as well as the learned Government Pleader for Transport.
The grievance of the petitioners is that their vehicles were subjected to check on different dates by the respondent-transport authority and their vehicles and registration certificate were seized on the alleged offences and irregularities noticed during the check as per check report. The present writ petitions are, therefore, filed by the respective owners of the vehicles seeking a writ of mandamus declaring the action of the second respondent in not releasing the seized vehicles and registration certificate as illegal and arbitrary.
It is not in dispute that a Division Bench of this Court i n Saleem Tours and Travels Vs. Joint Transport Commissioner and Secretary, RTA, Hyderabad and another [1] held that an owner of the seized vehicle has to first approach the competent authority with an application for release before availing the remedy of this Court under Article 226 of the Constitution of India. On examination, it is found that all these writ petitions are directly filed without making an application before the competent authority/second respondent for release of the vehicles.
Following the aforesaid decision, all these writ petitions are disposed of giving liberty to each of the petitioners to approach the second respondent by an application seeking release of the seized vehicles and registration certificate and they are also at liberty to make an offer regarding payment of taxes. Within three days of receipt of respective applications, the second respondent shall consider and pass appropriate orders on the respective applications by imposing necessary conditions as he deems fit and proper with reference to each of the case. The writ petitions are accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 17.10.2014 NB:
CC of order be furnished in two days.
/BO/ KR
[1] 2000 (4) ALD 501 (DB)