In a writ petition, the petitioner challenged the illegal seizure of his tractor by authorities. The court stopped the sale of the seized vehicle by ordering its interim custody to the petitioner upon a deposit, subject to further inquiry.
Vehicle placed in interim custody of petitioner on deposit of Rs.10,000 pending inquiry.
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HON'BLE SRI JUSTICE K.C.BHANU
WRIT PETITION NO.23502 OF 2012
O R D E R:
This Writ Petition is filed seeking to issue writ of Mandamus declaring the action of the respondents in seizing the petitioner’s vehicle bearing temporary registration No.AP 23 TPTR 2235 (Engine No.PY3029H009503 & Chassis No.1PY5055ELCA008720) as illegal and arbitrary and consequently direct the respondents to release the said vehicle to the petitioner.
2. Case of the petitioner is that he is an agriculturist and purchased the aforementioned Tractor for agricultural purposes; that on 17.07.2012, the said vehicle was seized by respondent No.2 alleging that it was plying as construction equipment vehicle and attracts the life tax.
3. Heard both sides.
4. The vehicle of the petitioner was seized under Vehicle Check Report No.0198152, dated 17.07.2012, by respondent No.2 on the ground that it was plying without tax, registration certificate, insurance certificate and valid driving license. Whether the vehicle is a construction equipment vehicle, which is liable to pay life time tax, or not has to be decided by respondent No.1. If the vehicle is exposed to sun and rain and kept idle, it would be damaged causing loss to the petitioner. It is a new vehicle. To safeguard the interests of both the parties, it can be ordered that the vehicle of the petitioner shall be given to the interim custody of the petitioner on condition of deposit of Rs.10,000/- (Rupees ten thousand only) with respondent No.1 and also subject to payment of tax as a Tractor till the decision is taken and getting registration. The deposit of amount shall be subject to the result of the decision that may be taken in the pending enquiry by the
respondents.
5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________ 01st August 2012 Note:- Furnish C.C. within two (2) days B/O AMD
K.C.BHANU, J
HON'BLE SRI JUSTICE K.C.BHANU
WRIT PETITION NO.23502 OF 2012
Date:01.08.2012
AMD
2 issues framed by the court
Whether the seizure of the petitioner's tractor was illegal and arbitrary.
Whether to grant interim custody of the seized vehicle pending inquiry.
Petitioner
Respondent No.1
Respondent No.2
K.C.Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
