Disposed

Mula Ravinder Reddy, v. The State of Telangana

Telangana HC25 Feb 2015WP/4443/2015

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What is this about?

The High Court of Telangana disposed of a writ petition challenging the illegal seizure of the petitioner's vehicle. Directing the competent authority to release the vehicle upon payment of prescribed penalty after examination of its usage in offences, the court applied a previous judgment's ratio within three days.

What did the court decide?

Directed petitioner to submit application for vehicle release; authority to examine usage and direct release upon penalty payment or bond execution.

Mula Ravinder Reddy, Vs The State of Telangana — Motor Accident Claims | Telangana HC (2015)

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HON’BLE SRI JUSTICE A. RAJASHEKER REDDY

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Writ Petition No.4443 of 2015

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Date: 25-02-2015

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Between:

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Mula Ravinder Reddy and another

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.... Petitioners

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AND

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The State of Telangana, represented by its Principal Secretary to Panchayat Raj Department, Hyderabad and 3 others

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.... Respondents

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HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.4443 of 2015

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ORDER:

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This writ petition is filed for a writ of Mandamus declaring the action of the 4^th respondent in seizing the petitioner’s goods vehicle bearing No.AP-01-Y-7992 and TS-08-UA-1314 as illegal, arbitrary and against the principles of natural justice and for a consequential direction to the respondents 2 to 4 to release the petitioner’s vehicle by collecting penalty as per rules. 2. It is represented by the learned counsel for the petitioner that in similar circumstances, this Court disposed of W.P.No.3747 of 2015 on

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23-02-2015 giving certain directions and that the present case is squarely covered by the said judgment, which is not disputed or denied by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government Pleader for Revenue and Assistant Government Pleader for Home.

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3. In view of the said representation, following the ratio laid down in the said judgment, the writ petition is disposed of directing the petitioner to submit his application for release of the vehicle before the competent authority and the competent authority shall, within three days from the date of receipt of such application, examine whether the vehicle is used in committing the offence for the first and second time; and if so, consider directing release of the vehicle on payment of the prescribed penalty by the petitioner. If, on the other hand, the vehicle is found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicle after deposit of amount in accordance with Rule-12 of GO.Ms.No.15 Industries and Commerce (Mines-I) Department, dated 19-02-2015 and also on execution of bond along with an affidavit by the petitioner giving consent to produce the seized vehicle as and when required.

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Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

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_____________________ A. RAJASHEKER REDDY, J

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Date: 25-02-2015

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Ksn

Mula Ravinder Reddy, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mula Ravinder Reddy, v. The State of Telangana

Case brief

What is this about?

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