Disposed

Khasimbi Dudekula v. The Gonvernment Of Andhar pradesh

Telangana HC30 Dec 2013WP/38663/2013

Case brief

AI extract

What is this about?

Disposing the writ petition at the admission stage, the Court directed the Regional Transport Authority to release the petitioner's seized vehicle upon fulfillment of conditions including payment of fines and undertaking to produce the vehicle.

What did the court decide?

Directed release of the seized vehicle upon payment of fines, off-loading charges, filing an undertaking, and submitting proof of ownership and tax dues.

Khasimbi Dudekula Vs The Gonvernment Of Andhar… — Writ and Judicial Review | Telangana HC (2013)

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HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 38663 OF 2013

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Date: 30.12. 2013

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Between :

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Khasimbi Dudekula

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… Petitioner

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and The Govt. of A.P., Rep.by its Spl.chief Secretary(Transport, Hyderabad and others

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… Respondents

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The Court made the following:

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THE HON’BLE SRI JUSTICE P NAVEEN RAO

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WRIT PETITION No.38663 of 2013

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ORDER:

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At the request of both Sri K.Maheswar Rao, learned counsel for the

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

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The relief sought for in this Writ Petition is to declare the seizure of petitioner’s vehicle bearing No.AP 07 Y 4433 vide vehicle check report No.752446 dated 03.07.2013, as illegal and arbitrary. A consequential relief is sought to the respondents to release the vehicle to the petitioner.

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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.

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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:

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

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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;

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

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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.

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

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order as to costs.

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___________________ P NAVEEN RAO, J

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DATE:30.12.2013 TVK

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HONOURABLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No. 38663 OF 2013

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Date: 30.12. 2013

Khasimbi Dudekula v. The Gonvernment Of Andhar pradesh

Case brief

What is this about?

What did the court decide?

Khasimbi Dudekula v. The Gonvernment Of Andhar pradesh

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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