Dismissed

Khadar Masthan Patan, v. The Secretary

Telangana HC22 Feb 2012WP/4459/2012

Case brief

AI extract

What is this about?

The court disposed of the writ petition regarding the seizure of the petitioner's vehicle by bike transport authority. Following identical circumstances in W.P.No.14689 of 2011, the court directed the Regional Transport Authority to examine the petitioner's application for vehicle release under Section 207(2) of the Act read with Rule 448-B, directing an order within three days.

What did the court decide?

The petitioner was directed to file an application under Section 207(2) of the Act read with Rule 448-B of the Rules, and the first respondent was directed to dispose of such application within three

Khadar Masthan Patan, Vs The Secretary — Writ and Judicial Review | Telangana HC (2012)

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THE HON'BLE Ms. JUSTICE G.ROHINI

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WRIT PETITION No.4459 OF 2012

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Dated: 22.02.2012

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Between:

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Khadar Masthan Patan .. Petitioner

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And

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1. The Secretary, Regional Transport Authority, Chittoor, Chittoor District., and 2 others. .. Respondents

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THE HON'BLE Ms. JUSTICE G.ROHINI

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WRIT PETITION No.4459 OF 2012

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ORDER :

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This writ petition is filed seeking a declaration that the seizure of petitioner’s vehicle bearing No.AP-26-TT-6203 vide vehicle check report No.0946845, dated 08-02-2012 on the ground that it was carrying weight beyond permissible limits is arbitrary and illegal.

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When the matter is taken up for consideration it is brought to my notice by the learned counsel for the petitioner as well as the learned Government Pleader appearing fro the respondents that in identical circumstances this Court disposed of W.P.No.14689 of 2011 and etc., with the directions as hereunder :

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“Following the judgment of the Division Bench in Saleem Tours and Travels Vs. Joint Transport Commissioner and Secretary RTC, Hyderabad (2006 (4) ALD 501 (DB), the first respondent shall examine the application filed by the petitioner herein for release of the vehicle in question, impose such reasonable conditions as he may consider appropriate and, subject to fulfilment of the conditions, consider directing release of the vehicle. It is open to the petitioner to file an application under Section 207(2) of the Act read with Rule 448-B of the Rules in case no such application has been filed till date. It is made clear that the first respondent shall pass orders on the application made by the petitioner under Section 207(2) of the Act read with Rule 448-B of the Rules not later than three days from the date of receipt of the application.”

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Since the petitioner herein is also similarly situated, following the orders passed in Writ Petition No.14689 of 2011 and etc., the Writ Petition is disposed of in terms of the above directions. No costs.

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_____________ G. ROHINI, J

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Dt: 22.02.2012 Note:- CC by tomorrow.

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(B/O) gbs

Khadar Masthan Patan, v. The Secretary

Case brief

What is this about?

What did the court decide?

Khadar Masthan Patan, v. The Secretary

Case brief

What is this about?

What did the court decide?

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