The Single Judge directed the Respondent authorities to release the petitioner's vehicle Registration Certificate within two weeks, holding that detention was illegal after the petitioner had complied with previous Court orders.
Direction to release the Registration Certificate of the vehicle within two weeks of receipt of a copy of this order.
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HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION No. 32894 OF 2010.
DATED 21st January, 2010.
BETWEEN
Viswanath
…Petitioner
And
The Deputy Transport Commissioner & Secretary, RTA, Chittoor Chittoor District and anr
….Respondents.
HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION No. 32894 OF 2010.
ORDER:
The vehicle of the petitioner bearing registration No.KA.51 3960 was detained, but subsequently released pursuant to the order of this Court in Writ Petition No. 25148 of 2008, dated 15.11.2008. It is submitted by the learned Counsel for the petitioner that as per the order of this Court dated 15.11.2008, the petitioner had deposited an amount of Rs.17,150/- with the respondents and filed an
undertaking to produce the relevant documents as per the said order and thereafter only the vehicle was released. Now, it is the grievance of the petitioner that the respondents have not released the Registration Certificate of the aforesaid vehicle and in fact the respondent authorities detained the same with them. The learned Counsel for the petitioner further submits that the petitioner has complied the orders of this Court passed in the aforesaid Writ Petition and therefore, they cannot detain the Registration Certificate of the said vehicle. It is the grievance of the petitioner that without the registration certification, he cannot run the vehicle. Therefore, he prayed for a direction to the respondents to release the registration certificate of the said vehicle.
After hearing the learned Counsel for the petitioner and perusal of the case file, it is axiomatic that the petitioner had complied the orders of this Court dated 15.11.2008 passed in Writ Petition No. 25148 of 2008. Once the orders of this Court are complied with, there is no authority for the respondents to detain the registration certificate of the vehicle in question. In that view of the matter, the Writ Petition is allowed directing the respondent authorities to release the registration certificate of the aforesaid vehicle within a period of two weeks from the date of
receipt of a copy of this order. There shall be no order as to costs.
JUSTICE ASHUTOSH MOHUNTA
Dated 21st January, 2011. Msnro
Viswanath
The Deputy Transport Commissioner & Secretary, RTA, Chittoor
Ashutosh Mohunta
As recorded by the court registry
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