Disposed

Ravuri Harish Babu, v. The Government of Andhra Pradesh

Telangana HC30 Dec 2013WP/38674/2013

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking declaration that the seizure of the petitioner's vehicle as illegal. The petitioner was directed to deposit fines, pay off-loading charges, file ownership and tax proof, and provide an undertaking to produce the vehicle before a Magistrate to get the vehicle released.

What did the court decide?

Direct the Secretary, Regional Transport Authority to release the vehicle upon fulfillment of conditions including payment of fines, off-loading charges, furnishing of ownership proof and undertaking.

Ravuri Harish Babu, Vs The Government of Andhra… — Motor Accident Claims | Telangana HC (2013)

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HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 38674 OF 2013

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Date: 30.12. 2013 Between : Ravuri Harish Babu … Petitioner and The Govt. of A.P., Transport Department, Hyderabad and others … Respondents

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… Petitioner

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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.38674 of 2013

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ORDER:

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At the request of both Sri Sreenivaa Rao Velivela, learned counsel for

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the 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 16TY 6696 vide vehicle check report No.0989228 dated 24.12.2013, 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. 38674 OF 2013

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Date: 30.12. 2013

Ravuri Harish Babu, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Ravuri Harish Babu, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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