IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 13443 of 2014 Date: 29.04.2014 Between:
Sri Feroz Khan … Petitioner And The Transport Commissioner & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 13443 of 2014
ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
After hearing the learned counsel for the parties, we are of the view that the matter needs to be considered by the 2nd respondent – Regional Transport Authority (RTA). The RTA has not denied the fact that the vehicle was seized because of default committed by one M/s. Dhanunjaya Travels Private Limited, who previously purchased the vehicle on finance from respondent No.3 - financier, which sold the vehicle in an auction to the petitioner. It is also observed by the RTA that no document was produced to claim for exemption.
Accordingly, we direct the RTA to reconsider the matter. In the event the petitioner produces necessary documents in support of his claim before the concerned RTA, then it shall issue a notice to respondent No.3 - financier and thereafter shall come to a conclusion whether it is a clear case of seizure in terms of the Memo dt.28.8.2003 issued by respondent No.1 and whether it was purchased by the petitioner in the auction held by the financier. If those are found, then benefit in terms of the aforesaid Memo has to be extended. Let the entire exercise shall be completed within a period of four weeks from the date of communication of this order.
With the above directions, the writ petition is disposed of. There will be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 29.04.2014 ES