The vs Joint Transport Commissioner And ...
2021 Latest Caselaw 5346 AP

                                    1


      THE HONOURABLE SRI JUSTICE BATTU DEVANAND

            WRIT PETITION No. 30030 of 2021.

O R D E R:-

       The petitioner is the owner of a Private Service Vehicle

(i.e) Bus bearing No.KA-07-B-2345, which was seized by the

3rd    respondent    under      vehicle   check     report   No.AP113/

Dec.2021/ 030454, dated 14.12.2021, 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.

5) Following the said judgment, the writ petition is

disposed of, directing the respondents to release the Private

Service Vehicle (i.e) Bus bearing No.KA-07-B-2345 forthwith

pending enquiry, seized under the vehicle report No.AP113/

Dec.2021/030454, dated 14.12.2021 of the 3rd

respondent, to the petitioner on condition of petitioner paying

a sum of Rs.61,250/- (Rupees sixty one thousand two

hundred and fifty 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.

Miscellaneous petitions pending, if any, in this case shall

stand closed.

______________________ JUSTICE BATTU DEVANAND Date : 17.12.2021 Note: Issue CC by tomorrow.

B/o PGR

2000 (4) ALD 501

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No. 30030 of 2021.

Date : 17.12.2021

PGR