Group order disposing multiple writ petitions challenging seizure and detention of goods carriage vehicles. Court directed respondents to issue fresh show cause notices and complete enquiries expeditiously before adjudication.
Direction to issue fresh show cause notices, afford hearing, complete enquiries, and pass orders within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION Nos.5737, 4256, 4442, 4444, 4449, 4454, 5689, 5708 and 5723 of 2020
ORDER :
These Writ Petitions came to be filed under Article 226 of
the Constitution of India seeking the following reliefs:-
W.P.No.5737 of 2020:-
“to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing the vehicle of the petitioner plying on goods carriage vide vehicle Registration No.AP03 TL 3656 under Section 190(1) and 190(2) of the MV Act as illegal, arbitrary and against the provisions of the Motor Vehicle Act and Rules and declare the action of the respondents in detaining the vehicle of the petitioner plying on the goods carriage with valid permit without releasing the vehicle in terms of A.P.Motor Vehicle Rules, 1989 as illegal, improper and unjust and direct the respondents not to resort to seizing of the vehicle of the petitioner plying on the goods carriage henceforth, unless grave irregularities exist i.e., contravention of Sections 3, 4, 39 and 66 of the MV Act, 1988 and declare the issuing of show cause notice dated 18.02.2020 for cancellation of registration of the petitioner’s vehicle bearing No.AP03 TL 3656 by the 5th respondent as illegal and unconstitutional and subsequently declare the petitioner is entitled for the damages for the loss of business and reputation as determined by the Hon’ble Court and consequently to direct the respondents to refund the tax paid for the seized vehicle from the date of seizure till the release of the vehicle….”
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W.P.No.4256 of 2020:-
“………. to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle of the petitioner plying on goods carriage HMV Vehicle Registration No NLO1 AC 3676 Under Section 391, 192, 1 200 of MV Act as illegal, arbitrary and against the provisions of Motive Vehicles Act and Rules and to declare the action of the respondents in detaining the vehicle of the petitioner plying on the good carriage without releasing the vehicle in terms of A P Motor Vehicles Rules, 1989 as illegal, improper and unjust and to direct the respondents not to resort to seizing of the vehicle of the petitioner playing on the goods carriage henceforth unless grave irregularities exists i.e., contravention of Section 3, 4, 39 and 66 of the Motor Vehicles Act, 1988 and declare that the petitioner is entitled for the damages for the loss of business and reputation as determined by this Honble Court and consequently to direct the respondents to pay the said amount to the petitioner direct the respondents to refund the tax paid for the seized vehicle from the date of seizure till the release of the vehicle…”
W.P.No.4442 of 2020:-
“….to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in directing to surrender the vehicle bearing Nos. AP 26 TL 5959 and AP 02 TH 3594 pursuant to the undertaking letter dated 13.02.2020 is illegal, arbitrary, contrary to the provisions of MV Act, apart from Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to direct the respondents 2 to 5 not to insist the petitioner to surrender the vehicles bearing Nos. AP 26 TL 5959 and AP 02 TH 3594 pursuant to the undertaking letter dated 13.02.2020…”
W.P.No.4444 of 2020:-
“………..to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in directing to surrender the vehicle bearing No AP
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02 TH 4062 pursuant to the undertaking letter dated 13.02.2020 is illegal, arbitrary, contrary to the provisions of MV Act apart from Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to direct the respondents 2 to 5 not to insist the petitioner to surrender the vehicle bearing No AP AP 02 TH 4062 pursuant to the undertaking letter dated 13.02.2020…”
W.P.No.4449 of 2020:-
“…to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in directing to surrender the vehicle bearing No NLO1 AC 1332 pursuant to the undertaking letter dated 13.02.2020 is illegal, arbitrary, contrary to the provisions of MV Act, apart from Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to direct the respondents 2 to 5 not to insist the petitioner to surrender the vehicle bearing No NLO1 AC 1332 pursuant to the undertaking letter dated 13.02.2020…”
W.P.No.4454 of 2020:-
“…….to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in directing to surrender the vehicle bearing No AP 02 TH 4464 pursuant to the undertaking letter dated 13.02.2020 As illegal, arbitrary, contrary to the provisions of MV Act, apart from Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to direct the respondents 2 to 5 not to insist the petitioner to surrender the vehicle bearing No AP 02 TH 4464 pursuant to the undertaking letter dated 13.02.2020
W.P.No.5689 of 2020:-
“….to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle of the petitioner plying on goods carriage vide vehicle Registration No AP 03 TL 4347 Under Section 190 1 and 1902 of the MV Act as illegal, arbitrary and against the provisions of the Motor Vehicle Act,
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and Rules and declare the action of the respondents in detaining the vehicle of the petitioner plying on the goods carriage with valid permit without releasing the vehicle in terms of A P Motor Vehicle Rules 1989 as illegal improper and unjust and direct the respondents not to resort to seizing of the vehicle of the petitioner plying on the goods carriage hence forth unless grave irregularities exist i.e contravention of Sections 3 4 39 and 66 of the MV Act 1988 and declare the issuing of show cause notice Dt 1 02 2020 for cancellation of registration of the petitioners vehicle bearing No AP 03 TL 4347 by the Stn respondent as illegal and unconstitutional and subsequently declare the petitioner is entitled for the damages for the loss of business and reputation as determined by the Hon’ble Court and consequently direct the respondents to pay the said amount to the petitioner direct the respondents to refund the tax paid for the seized vehicle from the date of seizure till the release of the vehicle..”
W.P.No.5708 of 2020:-
“…to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle of the petitioner plying on goods carriage vide vehicle Registration No AP 03 TL 45 09 Under Section 190 1 and 1902 of the MV Act as illegal, arbitrary and against the provisions of the Motor Vehicle Act and Rules and declare the action of the respondents in detaining the vehicle of the petitioner plying on the goods carriage with valid permit without releasing the vehicle in terms of A P Motor Vehicle Rules 1989 as illegal, improper and unjust and direct the respondents not to resort to seizing of the vehicle of the petitioner plying on the goods carriage hence forth unless grave irregularities exist i.e., contravention of Sections 3 4 39 and 66 of the MV Act 1988 and declare the issuing of show cause notice Dated 18.02.2020 for cancellation of registration of the petitioners vehicle bearing No AP 03 TL 4509 by the 5th respondent as illegal, unconstitutional and subsequently declare that the petitioner is entitled for the damages for the loss of business and reputation as determined by the Hon’ble Court and consequently to direct the respondents to pay the
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said amount to the petitioner and also direct the respondents to refund the tax paid for the seized vehicle from the date of seizure till the release of the vehicle …”
W.P.No.5723 of 2020:-
“……to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle of the petitioner plying on goods carriage vide vehicle Registration No AP 03 TL 4595 Under Section 190 1 and 1902 of the MV Act as illegal, arbitrary and against the provisions of the Motor Vehicle Act and Rules and declare the action of the respondents in detaining the vehicle of the petitioner plying on the goods carriage with valid permit without releasing the vehicle in terms of A P Motor Vehicle Rules 1989 as illegal, improper and unjust and direct the respondents not to resort to seizing of the vehicle of the petitioner plying on the goods carriage hence forth unless grave irregularities exist i.e., contravention of Sections 3 4 39 and 66 of the MV Act 1988 and declare the issuing of show cause notice Dated 17.02.2020 for cancellation of registration of the petitioners vehicle bearing No AP 03 TL 4595 by the 5th respondent as illegal, unconstitutional and subsequently declare that the petitioner is entitled for the damages for the loss of business and reputation as determined by the Hon’ble Court and consequently to direct the respondents to pay the said amount to the petitioner and also direct the respondents to refund the tax paid for the seized vehicle from the date of seizure till the release of the vehicle…. ”
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cases show cause notices were issued after filing of the writ petitions.
“Therefore, the impugned orders issued by the 2nd respondent in R.No.AP0020509382020, R.No.AP0020509522020, R.No.AP002050932020, R.No.AP0020509362020 and R.No.AP0020509542020, dated 03.06.2020, dated 03.06.2020 are set aside, directing the 2nd respondent to complete the enquiry, pursuant to the show cause notices issued in R.No.38/A1/2020 for the said vehicles and the explanation, given by the petitioners, dated 26.02.2020, on merits by giving due opportunity to the petitioners and others concerned by following the Provisions of the MV Act and the MV Rules and the said enquiry shall be completed and appropriate orders shall be passed as expeditiously as possible...”
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petitioners are directed to submit their explanation and basing on which the respondents are further directed to complete the enquiry after affording an opportunity of hearing to all the petitioners and pass appropriate orders in accordance with the law as expeditiously as possible preferably within a period of one month on receipt of explanation of the petitioners.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 15.03.2023
PSR/KBS
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION Nos.5737, 4256, 4442, 4444, 4449,
4454, 5689, 5708 and 5723 of 2020
Date: 15.03.2023
PSR/KBS
3 issues framed by the court
Whether the seizure of goods carriage vehicles without affording an opportunity of hearing violates the principles of natural justice.
Whether the show cause notices were issued in compliance with the Motor Vehicles Act and Rules before adjudication.
Whether the petitioners are entitled to damages for loss of business and reputation due to vehicle seizure and detention.
Petitioners
Respondents
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
