Ravi Kiran Movva vs The Greater Hyderabad Municipal ...

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                      WRIT APPEAL No.934 OF 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. T. Venkat Raju Goud, learned counsel for the appellant.

       Mr. K. Ravinder Reddy, learned Standing Counsel for the

respondents.

2. With the consent of learned counsel for the appellant, the writ appeal is taken up for disposal.

3. This intra court appeal has been filed against the ad interim order dated 13.09.2023 passed by the learned Single Judge in I.A.No.1 of 2023 in W.P.No.25037 of 2023 by which the learned Single Judge has directed to release the vehicle of the appellant and the appellant has been permitted to operate the same subject to the following conditions:

i) Petitioner shall make interim payment of 50% of the total amount payable under (3) e-Challans and for the balance 50%, he shall furnish a personal bond with (02) two sureties for a like sum each;

ii) Petitioner shall also file an undertaking affidavit before the 2nd respondent that he will not create any encumbrances or third party interest on the subject vehicle; and

iii) Petitioner shall produce the subject vehicle before the respondents-authorities as and when required.

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4. Learned counsel for the appellant submits that the appellant is ready and willing to abide by all the conditions, except the condition of furnishing a personal bond with two sureties for a like sum each. It is further submitted that the appellant shall furnish a personal bond. The aforesaid prayer has been fairly opposed by learned Standing Counsel for the respondents-GHMC.

5. In view of the aforesaid submissions and the facts of the case, the order passed by the learned Single Judge is modified to the extent insofar as it directs furnishing of a personal bond with two sureties for a like sum each, instead it is directed that the appellant shall furnish a personal bond. The remaining conditions imposed by the learned Single Judge are maintained to the aforesaid extent. The order is modified accordingly.

The writ appeal is accordingly disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

_________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date: 26.09.2023 Lrkm