HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.680 of 2010 Date: January 21, 2010 Between:
Sri Mohd. Mustafa, S/o. Mohd. Ibrahim, Age: 42 years, Occ: Business, R/o.19-2-180/148, N.R. Colony, Tadban, Hyderabad … Petitioner And The Joint Transport Commissioner & Secretary, Regional Transport Authority, Khairatabad, Hyderabad, and another … Respondent Order:
The petitioner claims to be the owner of vehicle bearing No.AP-29-T-9237, for which he is holding contract carriage permit. It is stated that when the said vehicle was proceeding to Vijayawada from Secunderabad, the same was seized on 13-01-2010 on an allegation that it was being used as a stage carriage.
The case of the petitioner is that his vehicle was being run on contract carriage permit and not used for stage carriage; however, the respondents have seized his vehicle, illegally, under check report No.401469 dated 13-01- 2010.
Whether the vehicle in question is being run on contract carriage permit or not is a matter to be enquired into by the competent authority. Further, it is stated that pursuant to check report dated 13-01-2010, no notice is issued to the petitioner for conducting enquiry.
In the circumstances, I dispose of the writ petition directing the respondents to release the vehicle of the petitioner bearing No.AP-29-T-9237 on his depositing Rs.10,000/- (Rupees Ten Thousand only) before the first respondent and also filing an undertaking to the effect that he will not alienate or transfer the said vehicle till appropriate orders are passed by the competent authority pursuant to vehicle check report No.401469 dated 13-01-2010. No order as to costs.
R. SUBHASH REDDY, J January 21,2010 N.B. Furnish copy today B.O.
MRR