Allowed

Chinta Murali Mohan Reddy v. The Deputy Transport Commissioner and Secretary

Telangana HC16 Sept 2013WP/26855/2013

Case brief

AI extract

What is this about?

Petitioner challenged vehicle seizure for alleged tax default. Court released vehicle upon payment of tax and undertaking against alienation, permitting further inquiry into alleged irregularities.

What did the court decide?

Vehicle released to petitioner upon payment of Rs.1,18,125/- tax and furnishing of undertaking against alienation pending enquiry.

Chinta Murali Mohan Reddy Vs The Deputy Transport… — Writ and Judicial Review | Telangana HC (2013)

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THE HON’BLE Ms. JUSTICE G.ROHINI And

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No.26855 of 2013

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Dated: 16.09.2013

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Between:

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Chinta Murali Mohan Reddy .. Petitioner And The Deputy Transport Commissioner, Kadapa and another.

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.. Respondents

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HON’BLE Ms. JUSTICE G.ROHINI And

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HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No.26855 of 2013

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ORDER: (Per Hon’ble Ms. Justice G.Rohini)

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This writ petition is filed aggrieved by the action of the respondents in seizing the vehicle of the petitioner vide check report dated 06.09.2013. The irregularities alleged in the check report included non-payment of tax. It is pleaded by the petitioner that it is a fact that the petitioner is liable to pay Rs.1,18,125/- towards tax for the quarter ending 30.09.2013 and that the petitioner has in fact taken demand draft dated 30.07.2013 for a sum of Rs.1,18,125/- towards the tax payable, however the same was not received by the 1^st respondent’s Office in view of the ongoing agitation by the staff. A copy of the demand draft dated 30.07.2013 has also been placed before this Court.

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Having heard the learned counsel for both parties and having regard to the circumstances noticed above, the writ petition is disposed of with a direction to the 2^nd respondent to release the seized vehicle on the petitioner paying Rs.1,18,125/- and furnishing an undertaking that the vehicle in question will not be alienated nor any third party interest will be created till the enquiry is concluded by the competent authority. It is also made clear that the respondents are at liberty to make the enquiry into the irregularities alleged in the check report as provided under law and in case any further amounts are found to be due towards the tax liability, the same may be recovered following due

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process of law.

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Writ Petition is accordingly disposed of. No costs. Consequently, the miscellaneous petitions, if any, pending in

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the writ petition shall stand closed.

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_____________ G.ROHINI, J

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__________________________ CHALLA KODANDA RAM, J

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Date: 16.09.2013 Note: Issue C.C. by tomorrow. B/o KLP

Chinta Murali Mohan Reddy v. The Deputy Transport Commissioner and Secretary

Case brief

What is this about?

What did the court decide?

Chinta Murali Mohan Reddy v. The Deputy Transport Commissioner and Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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