Allowed

Balarao Madhav v. The Secretary, Regional Transport Authority

Telangana HC15 Jun 2012WP/17690/2012

Case brief

AI extract

What is this about?

The Court declared the seizure of the petitioner's goods vehicle illegal and arbitrary. It directed the release of the vehicle subject to a deposit of Rs. 20,000, unloading excess weight, payment of arrears, and an undertaking to transport goods only with a valid way bill.

What did the court decide?

Release of the vehicle bearing No.AP29TB-2929 subject to deposit of Rs. 20,000, unloading excess weight, paying arrears, and undertaking not to transport without a valid way bill.

Balarao Madhav Vs The Secretary, Regional Transport… — Motor Accident Claims | Telangana HC (2012)

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THE HON'BLE MR JUSTICE G.V.SEETHAPATHY

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WRIT PETITION No.17690 of 2012

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ORDER:

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This petition is filed seeking a writ of mandamus declaring the seizure of the petitioner’s vehicle bearing No.AP29TB-2929 vide check report No.2640656 dated 11.06.2012, as illegal and arbitrary.

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2. Heard both sides. Perused the record.

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3. Petitioner claims to be the owner of the vehicle bearing No.AP29TB-2929 and plying the same as goods vehicle with valid permit. It is stated that on 11.06.2012 when the vehicle was proceeding with load of sand, the 2^nd respondent seized the said vehicle vide check report No.2640656 dated 11.06.2012, as the same was found plying with overload. Petitioner approached the 1^st respondent-registering authority seeking release of the vehicle. It is stated that no action was taken by the 1^st respondent.

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4. Learned counsel for the petitioner would submit that even assuming without admitting that there is over load, the same is

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compoundable offence under Section 194 of the Motor Vehicles Act, 1988 ( for brevity, ‘the Act’) and the authority is entitled to collect compounding fee of Rs.1000/- for each excess ton, and hence the seizure of the vehicle is illegal and arbitrary. He would further submit that in similar circumstances, this Court has ordered release of vehicles, subject to certain conditions, including deposit of minimum amounts, and copies of several such orders, including one dated 19.04.2012 in W.P.Nos.11446 of 2012 and batch are placed on record.

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5. Learned Government Pleader for Transport does not dispute the fact of such orders earlier passed by this Court, directing release of the seized vehicles, subject to certain conditions, and he would submit that the petitioner may be directed to pay arrears of tax and other dues, if any, besides imposing stringent conditions for release of the vehicle.

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6. In the circumstances, it is considered that continued detention of the vehicle may not be necessary and on the other hand it may result in deterioration and depreciation in its value and utility. Petitioner’s vehicle bearing No.AP29TB-2929 is directed to be released, subject to condition that the petitioner shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) with the respondents, besides unloading the excess

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weight and also paying arrears of tax and other dues, if any, and giving an undertaking not to transport the goods without valid way bill. It is open to the respondents to collect the necessary penal amounts, in terms of Section 194(1) of the Act, besides taking such penal action, as permissible under law.

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7. Writ Petition is accordingly disposed of. Miscellaneous Petitions, if any, filed in this Writ Petition, shall stand closed. There shall be no order as to costs.

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_______________________ G.V. SEETHAPATHY, J

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15^th June,2012 Note: Furnish C.C. of order today B/o Tsy

Balarao Madhav v. The Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Balarao Madhav v. The Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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