Disposed

Kakatiya Upper Primary School v. The Secretary

Telangana HC1 Aug 2012WP/23523/2012

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the seizure of a school bus by the respondent alleging violation of transport regulations. The court ordered interim release of the vehicle to the petitioner upon deposit of security, subject to the outcome of a pending enquiry.

What did the court decide?

Vehicle released to interim custody of petitioner on deposit of Rs.20,000/- and subject to pending enquiry result.

Kakatiya Upper Primary School Vs The Secretary — Motor Accident Claims | Telangana HC (2012)

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HON'BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.23523 OF 2012

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O R D E R:

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This Writ Petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.2 in seizing the petitioner’s vehicle-School Bus bearing Registration No.AP 37 U 3036 as illegal and arbitrary and consequently direct the respondents to release the said vehicle forthwith to the petitioner.

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2. Case of the petitioner is that he is the lawful owner of the aforementioned vehicle; that the said vehicle was purchased for the petitioner educational institution and it is used for the purpose of carrying school children, teaching and non-teaching staff; that on 23.07.2012, the said vehicle was seized by respondent No.2 alleging that it was carrying 30+1 passengers for marriage party.

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3. Heard both sides.

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4. The vehicle of the petitioner was seized under Vehicle Check Report No.630873, dated 23.07.2012, by respondent No.2 on the ground that it was not having a proof of Andhra Pradesh tax for the quarter ending 30.09.2012, fitness certificate, insurance certificate, registration certificate, permit and pollution under control certificate. If the vehicle is exposed to sun and rain and kept idle, it would be damaged causing loss to the petitioner. 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.20,000/- (Rupees twenty thousand only) with respondent No.2 and also subject to production of all the relevant documents and payment of taxes due, if any. The deposit of amount shall be subject to the result of the decision that may be taken in the pending enquiry by the respondents.

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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.

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_______________ K.C.BHANU, J 01^st August 2012 Note:- Furnish C.C. within two (2) days B/O AMD

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HON'BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.23523 OF 2012

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Date:01.08.2012

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AMD

Kakatiya Upper Primary School v. The Secretary

Case brief

What is this about?

What did the court decide?

Kakatiya Upper Primary School v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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