Disposed

D. Vrukodhar v. The Secretary, Regional Transport Authority

Telangana HC7 Jun 2010WP/12682/2010

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition by the Union of Transport Department, ordering the First Respondent to consider an application for the release of a seized vehicle within three days pursuant to Section 207(2) of the Motor Vehicles Act, 1988 and Rule 448-B of the A.P. Motor Vehicles Rules, 1989, without costs.

What did the court decide?

Direction to the First Respondent to consider the petitioner's application for release of the seized vehicle within three days under Section 207(2) of the Motor Vehicles Act, 1988 read with Rule 448-B

D. Vrukodhar Vs The Secretary, Regional… — Civil Procedure and Limitation | Telangana HC (2010)

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THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN

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WRIT PETITION NO.12682 OF 2010

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ORDER:

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Heard Sri G. Ravi, learned counsel for the petitioner and the learned Government Pleader for Transport. At their request, the Writ Petition is being taken up for disposal at the stage of admission.

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The petitioner claims to be an agriculturist and owner of Tractor and Trailer bearing Registration Nos.AP 36 U 2897 and AP 36 U 2898 respectively. He claims to be using the same for agriculture. He contends that as the trailer became too old, he stopped operating the same till a new one was purchased. While so, on 09.09.2009, his driver had taken the tractor along with the building material for repairs of his house. The Motor Vehicle Inspector, Warangal, stopped and checked the vehicle, and issued a check report alleging that the vehicle was proceeding with building material and no records were produced at the time of the check.

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Under Section 207(2) of the Motor Vehicles Act, 1988 (“the Act” for brevity), when a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.

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Rule 448-B of the A.P. Motor Vehicles Rules, 1989 (“the Rules”

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for brevity), prescribes the procedure and the prescribed fee for making such an application.

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Sri G. Ravi, learned counsel for the petitioner, states that an application in this regard would be made within one (1) week.

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The first respondent shall, within three (3) days from the date of receipt of such application, consider the same in accordance with Section 207(2) of the Act and Rule 448-B of the Rules and pass orders thereupon.

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The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs.

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_____________________________ (RAMESH RANGANATHAN,J)

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7^th June 2010

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Note: CC by three days B/O RRB

D. Vrukodhar v. The Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

D. Vrukodhar v. The Secretary, Regional Transport Authority

Case brief

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