HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No.38659 OF 2014
Date:18.12.2014
Between:
Tadikonda Chandana .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Transport Department, Telangana Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No.38659 OF 2014
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Transport.
The grievance of the petitioner in this Writ Petition is that her vehicle bearing No.AP 16TW 5151 was seized under Vehicle Check Report No.468144 on 08.12.2014 by the Assistant Motor Vehicles Inspector, Regional Transport Authority, Secunderabad, the 3rd respondent herein.
In the Vehicle Check Report, it is noticed that there were 25 passengers and the bus had neither RC, Permit, IC, PVC and FC nor proof of payment of tax etc. Hence, the 3rd respondent seized the vehicle under Section 207 of the Motor Vehicles Act. The petitioner filed an application for release of the vehicle through Registered Post with Acknowledgement Due on 08.12.2014 attesting the 2nd respondent. A copy of the registration receipt is produced. However, to ascertain as to whether such application is received by the 2nd respondent or not, the Writ Petition was adjourned on 16.12.2014 to enable the learned Government Pleader to get instructions. However, today the learned Government Pleader reports that no instructions are received so far.
In the circumstances, the Writ Petition is disposed of directing the 2nd respondent to consider the petitioner’s request for release of her vehicle, after taking into consideration the Vehicle Check Report, including the Circular Memo No.5424/D1/2000, dated 04.07.2014, and her previous record and take appropriate decision in the matter and pass orders in accordance with law, preferably within three days from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J 18.12.2014
Note:- Furnish C.C. tomorrow.
(B/o)
KH