IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (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.22796 OF 2014
DATED: 16-12-2014 Between:
Shriram Transport Finance Co. Ltd. .. Petitioner And The Transport Commissioner, 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.22796 OF 2014
ORDER: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
The writ petition is filed with the grievance that the concerned Regional Transport Authority is illegally and orally demanding payment of tax and penalty for the period for which the petitioner was not at all liable.
The writ petitioner is the financier of the subject vehicle which is in working condition.
The Regional Transport Authority found that as the legitimate tax which was supposed to be paid in advance for the vehicle was not paid, demand for payment of tax along with penalty was made.
We are invited to the pleadings and we have heard the learned counsel for the parties.
We notice that the tax for the vehicle is chargeable under law. But when we have got all the material before us, then there is no difficulty to pass any order without deviating from the legal provisions. We therefore pass the following orders.
The petitioner, who is the financier of the vehicle, will make a representation to the Regional Transport Authority within a period of fifteen days from the date of receipt of a copy of this order making a suitable prayer. On receipt of the same, the Regional Transport Authority would consider the same in accordance with law, hear him/it and pass a speaking order. In the event no such representation is made by the petitioner, then it would be open for the Regional Transport Authority to recover the same from the petitioner. To facilitate the adjudication, we restrain the financier from transferring, alienating or disposing of his/its fixed assets and properties till disposal of such representation and if no representation is made, till such recovery is made. We also restrain the writ petitioner from transferring, alienating or parting with possession of the vehicle or any of its accessories, save except in the usual course of business, till disposal of the representation so to be made in terms of this order. Till completion of this exercise, the vehicle should not be plied.
The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 16-12-2014 Svv