HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.23036 of 2021
ORDER:
The petitioner is the owner of a contract carriage bus bearing No.KA-34-B-7273, which was seized by the 3rd respondent under vehicle check report No. AP002/Dec.2020/007863, dated 08.12.2020, on the ground that the said vehicle was plying without payment of tax. The vehicle remained under seizure the petitioner has approached this Court by way of the present writ petition seeking release of the vehicle on the ground that the vehicle could not have been seized and there are no irregularities in payment of tax.
2. The learned Government Pleader for Transport, submits that the vehicle was seized on account of irregularities of non-payment of tax and the same could be gone during the course of inquiry by the 2nd respondent.
3. Sri E.Maruthi Raja, learned counsel for the petitioner relies on the order of the learned Single Judge of this Court dated 22.10.2020 in W.P.No.19503 of 2020 to contend that the vehicle has to be released.
4. In the order dated 22.10.2020 in W.P.No.19503 of 2020, the learned Single Judge had held that the vehicles which have been seized for non-payment of tax etc., should be released at the earliest in view of the earlier Judgment of the Division 2 Bench of this Court in Saleem Tours and Travels Vs. Joint Transport Commissioner and Secretary R.T.A., Hyderabad and another1.
4. Following the said judgment, the writ petition is disposed of, directing the respondents to release the stage carriage bus bearing No.KA-34-B-7273 forthwith pending enquiry, seized under the vehicle report No. AP002/Dec.2020/007863 dated 08.12.2020 of the 3rd respondent, to the petitioner on condition of petitioner paying a sum of Rs.37,500/- (Rupees thirty seven thousand and five hundred only) and compound fee of Rs. 12,500 (Rupees Twelve thousand and five hundred only) on producing the demand draft or receipt to that effect. He shall also file an undertaking to the effect that he shall produce the vehicle as and when required for enquiry and that he shall not alienate the same, in the meanwhile. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
07.10.2021 Note:
CC in two days B/o.
BSM 1 2000 (4) ALD 501 3 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.23036 of 2021 07-10-2021 Note:
CC in two days B/o.
BSM