Allowed

E.Kistaiah v. The Secretary

Telangana HC28 Nov 2012WP/23805/2012

Case brief

AI extract

What is this about?

The petitioner challenged the refusal of the Regional Transport Authority to accept vehicle tax after vehicles were seized following a Police extortion attempt. The court granted liberty to file an appeal under the Motor Vehicles Taxation Act instead of immediate interim release.

What did the court decide?

Liberty to the petitioner to pursue appeal under Section 12(b) of the A.P Motor Vehicles Taxation Act, 1963 read with Rule 15 of the Rules, 1963, against the demand notice.

E.Kistaiah Vs The Secretary — Motor Accident Claims | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE GODA RAGHURAM AND

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THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WRIT PETITION No.23805 of 2012

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Date: 28.11.2012

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Between: E. Kistaiah, S/o. Komuraiah, Aged about 45 years, R/o.Challur Village, Veenavanka Mandal, Karimnagar District

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… Petitioner AND

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The Secretary, Regional Transport Authority, Karimnagar, Karimnagar

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… Respondent

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THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WRIT PETITION No.23805 of 2012

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ORDER (Per the Hon’ble Sri Justice Goda Raghuram):

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Heard Sri P.L. Rao, the learned counsel for the petitioner and the learned Government Pleader for Transport for the respondent.

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The petitioner’s grievance is on refusal of the respondent to receive motor vehicles tax relating for the tractor and trailer bearing Registration Nos.AP-15-Y-9638 & AP-15-Y-9640 despite the petitioner’s repeated visits and his representation dated 19.07.2012.

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Case of the petitioner:

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The petitioner claims to be the registered owner of the tractor and trailer. While the tractor and trailer were engaged for transporting sand, the Inspector of Police, Jammikunta demanded the petitioner and other owners of similar vehicles (tractors and trailers) who were transporting sand to pay illegal gratification of Rs.5,000/- each on pain of seizing the vehicles. The owners did not oblige the demand of the Inspector. Thereafter the Inspector seized the tractor and trailer of the petitioner along with other vehicles for non-payment of the illegal gratification. The Inspector detained the vehicles in the premises of Veenavanka Police Station. The petitioner along with two others filed W.P.No.7346 of 2012 for release of the vehicles. The writ petition was disposed of on 23.02.2012 directing the petitioners therein to deposit Rs.1,000/- each before the Assistant Director of Mines and Geology, Karimnagar and on deposit, directing the vehicles be released. The

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petitioner deposited the amount and approached the Assistant Director of Mines and Geology, Karimnagar for release of the vehicles. The official however refused to receive the amount and advised the petitioner and others to approach the Inspector of Police, Jammikunta and Sub Inspector of Police, Veenavanka for release of the vehicles.

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On the basis of advice of the Assistant Director of Mines and Geology, Karimnagar, the petitioner alleges to have approached the Inspector and Sub Inspector, but nothing transpired. The vehicles were not released, is the persistent grievance. The petitioner further alleges that he is ready and willing to pay the tax pertaining to the tractor and trailer and approached the respondent to remit the tax, but the respondent refused to receive the tax despite repeated requests.

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The learned Government Pleader for Transport on instructions from the respondent states that the Licensing Authority in the Office of the Deputy Transport Commissioner & State Regional Transport Authority, Karimnagar has issued a show cause notice dated 14.08.2012 demanding tax and penalties of Rs.1520/- and Rs.11,725/respectively to which the petitioner lodged his objections on 13.11.2012 and beseeched that the further proceedings be dropped and the petitioner permitted to pay only the tax component. Having considered the objections lodged by the petitioner, the respondent has issued a demand notice dated 09.10.2012, which was also communicated to the petitioner.

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In the above circumstances, we dispose of the writ petition granting liberty to the petitioner to pursue appropriate remedies against the demand notice dated 09.10.2012, if aggrieved thereby. The petitioner may pursue the appellate remedy under Section 12(b) of the A.P Motor Vehicles Taxation Act, 1963 read with Rule 15 of the A.P Motor Vehicles Taxation Rules, 1963. There shall be no order as to costs.

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JUSTICE GODA RAGHURAM

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Date: 28.11.2012

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JUSTICE M.S.RAMACHANDRA RAO

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THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WRIT PETITION No.23805 of 2012

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(order of the Bench delivered by the Hon’ble Sri Justice Goda Raghuram)

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Date: 28.11.2012

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E.Kistaiah v. The Secretary

Case brief

What is this about?

What did the court decide?

E.Kistaiah 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

Parties & counsel

Coram

Case details

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