Allowed

Sri O. Malyadri v. The Secretary, Regional Transport Authority

Telangana HC26 Feb 2013WP/5742/2013

Case brief

AI extract

What is this about?

This single-judge court disposed of a writ petition challenging the seizure of an overloaded vehicle. The court directed the respondents to release the vehicle upon payment of Rs.1,000 per tonne up to 15% overload and Rs.2,000 per tonne thereafter, ensuring excess load is unloaded.

What did the court decide?

Release vehicle if penalty paid; unload excess load on spot; return vehicle documents.

Sri O. Malyadri Vs The Secretary, Regional Transport… — Property and Title | Telangana HC (2013)

¶1

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.5742 of 2013

¶2

ORDER:

¶3

Petitioner is the owner of a vehicle bearing No. AP11V0469. On 23.02.2013, it was seized by the 3^rd respondent on the ground that it was overloaded by 3,160 kgs. The petitioner challenges the check report, under which the vehicle was seized.

¶4

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

¶5

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.

¶7

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

¶8

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. The vehicle shall be permitted to be moved, only after the excess load is unloaded 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.

¶9

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

¶10

______________________ L. NARASIMHA REDDY, J

¶11

Date: 26.02.2013 Note: Issue operative portion of the order by wire at party’s costs. JSU

¶12

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY

¶13

WRIT PETITION No.5742 of 2013

¶14

Date: 26.02.2013

¶15

JSU

Sri O. Malyadri v. The Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Sri O. Malyadri v. The Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aleti Rajaram Memorial Educational Society Vs The Govt of A.P.

G.Yellaiah, Vs The Secretary

Syed Shah Shakeel Ahmed Hussaini, Vs The A.P State Wakf Board rep.by its Chief Executive Officer

M/s. Suvarna Bhoomi Developers (P) Ltd, Vs The Government of Andhra Pradesh

Guduru.Tulasi, Vs The State Board of Technical Education

Allada Sarojini Devi, Vs The Additional Agent to the Government