Allowed

Akula Lakshmi Narayana v. the State of Ap

Andhra Pradesh HC3 Apr 2023WP/7544/2023

Case brief

AI extract

What is this about?

In a Writ Petition challenging the cancellation of a vehicle registration and seizure, the court directed the authorities to dismantle the vehicle in the presence of the petitioner, video-record the process, and hand over the scrap subject to the petitioner paying a compounding fee within a specified timeframe.

What did the court decide?

Directive to dismantle the vehicle in petitioner's presence with video recording and handover of scrap upon payment of Rs. 10,600/-.

Akula Lakshmi Narayana Vs the State of Ap — Consumer Protection | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.7544 of 2023

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“…to issue a Writ, Order or Direction more particularly one in the nature of writ of Mandamus that the action of the 3^rd Respondent in issuing proceedings vide R.No.AP0210328392020 dt 23.03.2023 cancelling the Registration Certificate of Petitioner’s Motor Vehicle bearing No.AP-02-TE-5347 and the seizure of the said vehicle by the 5th Respondent vide Vehicle Check Report No.AP221/FEB2020/030948 dated 11.02.2020 as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988, Violative of principles of natural justice and Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same directing the 5^th Respondent herein to release the Petitioner’s vehicle bearing No AP-02-TE-5347 and pass such other order or orders….”

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At the time of hearing, learned Government Pleader has

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produced a copy of instructions of the Deputy Transport Commissioner, Kurnool vide Lr.No.WPNo.7544 of 2023 dated 29.03.2023, wherein it is stated as follows:

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“The DTC, Anantapuram has filed FIRs against the vehicle owners which are registered with fake and fabricated documents. The vehicle AP02TE5347 (Originally registered as NL01AC1093) is also one of those vehicles and FIR was registered in Cr.no.33/2020, dated 08.02.2020 of I-Town PS, Anantapur District against the complaint filed by the DTC, Anantapuramu. The DTC, Anantapuramu has requested all the Deputy Transport Commissioners in the State in his

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letter dated 05.06.2020 to seize all such vehicles and hand over the same to the concerned Police Stations for investigation purpose.

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It is further submitted that the vehicle was seized in VCR No.AP221/Feb2020/030948 by MVI, Adoni on 11.02.2020 for the irregularities of No DL, produced fake of fraudulent documents and without PUCC. The compounding fee leviable is Rs.10,600/-. As per the instructions of the DTC, Anantapuramu this vehicle was handover to Inspector of Police, Anantapuramu I-Town Police Station on 04.03.2023 to produce before the Court as material evidence.”

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During the course of arguments, learned counsel for the petitioner confined his arguments to the extent that the petitioner may be permitted to dismantle the subject vehicle and sell the same to the scrap.

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In view of the above, this writ petition is disposed of with the following directions:

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a) The respondent authorities are directed to dismantle the vehicle in the presence of the petitioner or his representatives by duly video-recording the entire process by safeguarding the chasis and engine number of the vehicle.

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b) After process of scrapping the vehicle is completed, the said scrap shall be handed over to the petitioner under the cover of a panchanama.

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c) The entire process should be videographed and the videograph is to be kept in a sealed cover and shall be handed over to the custody of the trial Court before whom said criminal

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complaints are pending. The above process shall be completed within a period of four (4) weeks from the date of payment of compounding fee by the petitioner.

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c) It would be open to the Investigating Officer to conduct such proceedings as may be necessary to ensure that the entire process is properly recorded and the said record be submitted to the custody of the Court. However, the above order shall be subject to condition of the petitioner paying the compounding fee of Rs.10,600/- within a period of two (2) weeks from the date of receipt of a copy of this order.

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Accordingly, with the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 03.04.2023 KGR

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264

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.7544 of 2023

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Date : 03.04.2023

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KGR

Akula Lakshmi Narayana v. the State of Ap

Case brief

What is this about?

What did the court decide?

Akula Lakshmi Narayana v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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