Allowed

G.Yellaiah, v. The Secretary

Telangana HC25 Feb 2013WP/5687/2013

Case brief

AI extract

What is this about?

In Writ Petition No. 5687 of 2013, the owner of an overloaded heavy goods vehicle challenged its seizure. The court directed release of the vehicle upon payment of a penalty and removal of the excess load, distinguishing penalties for overload up to 15% capacity versus excess. No order as to costs.

What did the court decide?

Directing respondents to release the vehicle after on-spot unloading of excess load, collection of penalty at Rs.1,000/tonne for first 15% overload and Rs.2,000/tonne for excess, and return of origina

G.Yellaiah, Vs The Secretary — Motor Accident Claims | Telangana HC (2013)

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HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.5687 of 2013

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ORDER:

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Petitioner is the owner of a heavy goods vehicle bearing No.AP 29 V 0144. On 20-02-2013, it was seized by the 2^nd respondent on the ground that it was overloaded by about 8,435 kgs. The petitioner challenges the check report, under which the vehicle was seized.

¶4

Heard the learned counsel for the petitioner and the learned Government Pleader for Transport.

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In the recent past, the heavy goods vehicles are loaded in excess of their capacity leading to damage to the roads. In certain cases, the authorities are passing orders suspending the permits depending upon the extent of overload. It is not known as to whether any order of suspension of permit has been passed against the petitioner.

¶6

The Motor Vehicles Act and the Rules made thereunder provide for levy of penalty to the extent of Rs.1000/- per tonne of overload. The continued seizure of the vehicle that too in a loaded condition would cause heavy damage to the vehicle. At the same time, the greed of the owners of the vehicles cannot be permitted to damage and spoil the roads on account of undue overload. While an inadvertent overload to an extent of 15% can be condoned by collecting the penalty at the rate of Rs.1,000/- per tonne, any overload exceeding that must be penalised through levy of double the amount.

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Hence, the writ petition is disposed of, directing that the respondents shall release the vehicle in question by collecting the penalty of Rs.1,000/- per tonne for overload up to an extent of 15% of the maximum carrying capacity of the vehicle as entered in Registration Certificate and at the rate of Rs.2,000/- per tonne for any overload in excess of 15% of such capacity. Further, the release shall be only after the overload in the vehicle is off-loaded on the spot. The respondents shall return the original documents pertaining to the vehicle, if taken from the petitioner, duly retaining copies thereof. There shall be no order as to costs.

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The miscellaneous petition filed in this writ petition shall also stand disposed of.

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________________________ L. NARASIMHA REDDY, J.

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25.02.2013 Note: Issue operative portion of the order by wire at party’s cost. (B/O) KO

G.Yellaiah, v. The Secretary

Case brief

What is this about?

What did the court decide?

G.Yellaiah, v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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