Disposed

B.Rameswara Reddy, S/o.B.Narayana Reddy, v. The Deputy Transport Commissioner and Secretary

Telangana HC30 Dec 2013WP/38633/2013

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition challenging the illegal seizure of a vehicle for overweight at the admission stage, directing the respondent to release the vehicle subject to deposit of fines, payment of off-loading charges, furnishing of undertaking, and submission of ownership documents.

What did the court decide?

The petitioner to deposit Rs. 2,000 plus excess load charges, pay off-loading charges, furnish undertaking to produce the vehicle, and file proof of ownership and tax payment before the vehicle is rel

B.Rameswara Reddy, S/o.B.Narayana Reddy, Vs… — Civil Procedure and Limitation | Telangana HC (2013)

¶1

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 38632 OF 2013

¶2

Date: 30.12. 2013

¶3

Between : S Venkata Mohan Reddy

¶4

… Petitioner

¶5

and Addl Secretary, RTA, Proddatur, YSR Kadapa dist and others … Respondents

¶6

The Court made the following:

¶7

THE HON’BLE SRI JUSTICE P NAVEEN RAO

¶8

WRIT PETITION No.38632 of 2013

¶9

ORDER:

¶10

At the request of both Sri E Maruthi Raja, learned counsel for the

¶11

petitioner, and the learned Government Pleader for Transport, appearing for the respondents, the Writ Petition is being disposed of at the stage of admission.

¶12

The relief sought for in this Writ Petition is to declare the seizure of petitioner’s vehicle bearing No.AP 04 TT 8577 vide vehicle check report No.0999427 dated 24.12.13, as illegal and arbitrary. A consequential relief is sought to the respondents to release the vehicle to the petitioner.

¶13

Learned Government Pleader for Transport would draw attention of this Court to Section 194 of the Motor Vehicles Act, 1988, which relates to vehicle being driven with weight exceeding the permissible limit. Under subsection (1) thereof, whoever drives a motor vehicle in contravention of the provisions of Sections 113, 114 and 115 shall be punishable with a minimum fine of two thousand rupees, and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess loading permissible weight.

¶14

In view of the aforesaid statutory provisions, ends of justice would be met if the Secretary, Regional Transport Authority concerned is directed to consider release of the subject vehicle forthwith to the petitioner on his fulfillment of the following conditions:

¶15

1) He shall deposit Rs.2,000/- and an additional amount of Rs.1,000/- per tonne of excess load;

¶16

2) He shall also pay the charges, intimated to him by the Secretary, Regional Transport Authority concerned, for off-loading of the excess permissible weight;

¶17

3) He shall furnish an undertaking to produce the subject vehicle as and when required to be produced before the jurisdictional Magistrate; and

¶18

4) He shall file proof of ownership and other valid documents including the proof of payment of the tax due before the Secretary, Regional Transport Authority concerned.

¶19

The Writ Petition is disposed of accordingly. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no

¶20

order as to costs.

¶21

___________________ P NAVEEN RAO, J

¶22

DATE:30.12.2013 TVK

¶23

HONOURABLE SRI JUSTICE P. NAVEEN RAO

¶24

WRIT PETITION No. 38632 OF 2013

¶25

Date: 30.12. 2013

B.Rameswara Reddy, S/o.B.Narayana Reddy, v. The Deputy Transport Commissioner and Secretary

Case brief

What is this about?

What did the court decide?

B.Rameswara Reddy, S/o.B.Narayana Reddy, v. The Deputy Transport Commissioner and 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

Similar cases

Smt. B.Venkata Lakshmamma, Vs The Government of A.P.

B.Kumar Swami Reddy, S/o.. Ramakrishna Reddy Vs The Government of a.P., Rep. by its Secretary

P.Krishna Reddy Vs The Government of A.P.

P. Suryanarayana Reddy, Vs Deputy Transport Commissioner and Secretary

Ravuri Harish Babu, Vs The Government of Andhra Pradesh

Khasimbi Dudekula Vs The Gonvernment Of Andhar pradesh