THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition Nos.16219 and 16224 of 2013 DATED:2.7.2014
W.P. No. 16219 of 2013
Between:
M/s. Schlumberger Asia Service Ltd., Rajahmundry.
… Petitioner And State of Telangana represented by its Secretary, Hyderabad and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition Nos.16219 and 16224 of 2013
Common Order: (per Sri Sanjay Kumar,J) By interim order dated 11.6.2013 passed in W.P.M.P. Nos. 19645 and 19651 of 2013 in Writ Petition Nos. 16219 and 16224 of 2013 respectively, this Court directed release of the vehicles in question upon deposit of 50% of the life tax payable for the said vehicles.
Sri Challa Dhanamjaya, learned counsel for the petitioner, states that this order has been duly complied with. Subject to such compliance, we pass the following final order:
This Court had occasion to deal with this issue relating to the very same vehicles of the petitioner in Writ Petition Nos. 16639, 16654 and 16670 of 2014, which were disposed of by common order dated 18.6.2014. These writ petitions arose in the context of the second seizure of the petitioner’s vehicles by the transport authorities in Prakasam District in the State of Andhra Pradesh. Taking note of the fact that 50% of the life tax due was directed to be deposited by this Court in these two writ petitions, the petitioner company was directed to furnish a bank guarantee in respect of the remaining 50% of the life tax amount due and subject to the same, the seized vehicles were directed to be released. In so far as the leviability of life tax is concerned, the Deputy Transport Commissioner, Ongole, Prakasam District was directed to decide this question after giving due opportunity of hearing to the petitioner and pass a speaking order. This exercise was directed to be completed within a period of three weeks from the date of communication of the said order. The petitioner-company was given liberty to place all the materials in its defence before the authority at the time of hearing and the same was directed to be considered and dealt with specifically while passing a speaking order.
In the light of the bifurcation of the erstwhile combined State of Andhra Pradesh into the State of Telangana and the State of Andhra Pradesh, the earlier seizure of the vehicles by the transport authorities in Medak in the State of Telangana would have to be dealt with by the State authorities independently.
In that view of the matter, the Regional Transport Officer, Medak District, is directed to undertake examination of the issue of leviability of life tax on the petitioner’s vehicles, as was directed to be undertaken in the earlier order passed by this Court. The Regional Transport Officer, Medak District, shall decide this question after giving due opportunity of hearing to the petitioner and pass a speaking order within a period of three weeks from the date of communication of this order. The petitioner shall be at liberty to place all supporting materials in its defence at the time of hearing and the authority shall duly consider and deal with the same while passing the speaking order.
The writ petitions are disposed of with the aforesaid directions. Pending miscellaneous applications, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 2nd July, 2014 pnb