M Karthikeyan vs The State Of Andhra Pradesh,
2022 Latest Caselaw 3927 AP

     THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

              WRIT PETITION No.20111 of 2022

ORDER:

The present writ petition is filed for the following relief:

"to issue an appropriate writ order or direction more preferably one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent in not releasing the petitioner's All India Tourist Vehicle bearing R.No.AR-01-J-0902 seized under Vehicle Check Report No. AP202/MARCH2022/006998 dated 04.03.2022 by the 4th Respondent as per law laid down by the Hon'ble High Court as illegal arbitrary unjust and consequently direct the 2nd respondent to forthwith release the petitioners All India Tourist Vehicle R.No. AR-01-J-0902 in the interest of justice and grant such other necessary relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The case of the petitioner is that he is the registered

owner of All India Tourist Vehicle R.No.AR-01-J-0902 and he

purchased the same by obtaining loan and got it registered with

the registering authority in the Tamilnadu State and he was

utilizing the vehicle strictly in accordance with the statutory

provisions of Motor Vehicle Act, 1988 and the Rules prescribed

thereunder. The further case of the petitioner is that, he

arranged two extra seats behind the driver of the vehicle as a

temporary seating arrangement, but there is no structural

alteration in the vehicle. The said vehicle was engaged by a

contract party for travelling from Chennai in Tamilnadu State to

Hospet in Karnataka State and when the vehicle reached the

border check post of Renigunta in Chittoor District in Andhra

Pradesh State, the vehicle was thoroughly checked by the

concerned Motor Vehicles Inspector including the documents of

the vehicle and proof of payment of All India Tourist Tax and

thereafter the vehicle proceeded further and reached Anantapur

Bellary Road at the border of Andhra Pradesh State and

Karnataka State and there the Motor Vehicle Inspector,

Guntakal, Anantapur District/4th respondent, who was passing

through, stopped the vehicle and enquired regarding the

members of the contract party and even though he was satisfied

with the information given by the driver, even without looking

at the documents, seized the vehicle under Vehicle Check Report

No. AP202/MARCH2022/006998, dated 04.03.2022, orally

informing the driver that the seizure is only for statistical

purpose Thereupon the petitioner sent an application dated

02.07.2022 as contemplated under Section 207(2) of Motor

Vehicle Act, 1988 r/w.Section 12 of A.P.Motor Vehicles Taxation

Act, 1963 and Rule 448(A) & (B) of A.P.Motor Vehicle Rules,

1989 requesting to release the vehicle, enclosing requisite fee

and copies of the relevant documents and the same is kept

pending till today without passing any orders ignoring the

observations made by the High Court of composite state of

Andhra Pradesh in Saleem Tours and Travels v. Joint

Transport Commissioner and Secretary, RTA, Hyderabad

and another (2000)4 ALD 501 (DB) that for contravention of

conditions of permit the vehicle should not be detained for

unduly long time and on the application made by the operator

the vehicle ought to be released with expedition. Hence, the

petitioner is constrained to file this writ petition praying this

Court to pass similar orders.

3. Heard Sri Rajanikanth Jwala, learned counsel for the

petitioner and learned Government Pleader for Transport.

4. In elaboration to what has been stated in the

affidavit, the learned counsel for the petitioner has drawn the

attention of this Court to the application made by the petitioner

under the provisions Motor Vehicles Act filed as Ex.P2, and

contended that despite the specific observations made by this

Court in the decision relied on by him in (2000)4 ALD 501 (DB)

for expeditious disposal of the application made by the operator

for release of the vehicle, the 2nd respondent kept the same

pending without passing any orders. The learned counsel has

also drawn the attention of this Court to the various judgments

of this Court as well as Hon'ble Supreme Court and prayed this

Court to direct the authorities to release the vehicle.

5. On the other hand, learned Assistant Government

Pleader has drawn attention of this Court to the orders dated

21.09.2021 passed by a learned single Judge of this Court in

W.P.No.20964 of 2022 and requested this Court to dispose of

the writ petition in the similar lines.

6. To the above contention, the learned counsel for the

petitioner has contended that the issue involved in this writ

petition is with regard to seizure of the vehicle on the ground of

contravention of conditions of permit whereas the issue involved

in the writ petition relied on by the learned Assistant

Government Pleader relates to arrears of tax, thus, the orders

relied on by the learned Assistant Government Pleader are not

applicable to the facts of the case on hand.

7. The learned counsel for the petitioner has submitted

that if a direction is given to the authorities to dispose of the

application dated 02.07.2022 made by the petitioner, in light of

the observations made by this Court as well as the Hon'ble

Supreme Court relied on by him in this writ petition, the same

would suffice for the time being and requested this Court to

permit the petitioner to submit the decisions to the authorities.

8.In view of the above submissions made by both the

counsel, with the consent of both the counsel, this Court feels it

appropriate to dispose of the Writ Petition, permitting the

petitioner to submit the citations on which he wants to rely along

with copy of this order and on receipt of the same, the 2nd

respondent is directed to dispose of the petitioner's application

dated 02.07.2022 within three (03) days therefrom in light of

the observations made in the decisions relied on by the

petitioner and strictly in accordance with law and Rules

applicable. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI

Date: 12.07.2022 Note: issue CC on 13.07.2022 B/o: PGT