Disposed

Sayed Abdul Aleem, v. The State of Andhra Pradesh

Telangana HC7 Apr 2016WP/10455/2016

Case brief

AI extract

What is this about?

In this writ petition concerning the illegal seizure of a Contract Carriage vehicle, the Acting Chief Justice and Justice P. Naveen Rao granted liberty to the petitioner to file an appeal and deposit 50% of the disputed tax. The Court directed the authorities to release the vehicle subject to production as required until the appeal's disposal.

What did the court decide?

Liberty to file an appeal and deposit 50% of tax; vehicle to be released upon compliance, subject to production and further conditions.

Sayed Abdul Aleem, Vs The State of Andhra Pradesh — Service and Employment | Telangana HC (2016)

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE

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AND

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HON’BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No. 10455 OF 2016

07-04-2016

Between:

Syed Abdul Aleem

… Petitioner

And The State of A.P., rep., by the Principal Secretary, Transport Department, A.P Secretariat, Hyderabad and others

¶10

… Respondents

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND

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HON’BLE SRI JUSTICE P. NAVEEN RAO

¶13

WRIT PETITION No. 10455 OF 2016

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PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)

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Heard learned counsel for the parties.

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The petitioner, in the instant writ petition, seeks the following

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relief:

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“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in not releasing the petitioner’s Contract Carriage Vehicle bearing R.No. AP 27 Y 6000 which was seized under vehicle Check Report No.046082, dated 21/03/2016 by the 3^rd respondent, as per law laid down by the Hon’ble High Court as illegal, arbitrary, unjust and consequently direct the 2^nd respondent to forthwith release the petitioner’s Contract Carriage vehicle R.No. AP 27 Y 6000 without insisting for higher rate of tax in the interest of justice and grant such other necessary relief or relief’s as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

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Sri Rajanikanth Jwala, learned counsel for the petitioner submits that the petitioner may be given liberty to file an appeal under Section 12 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (for short ‘the Act’) and that the petitioner is prepared to deposit 50% of the amount, which according to the respondents, he is liable to pay, within a period of three days from today. He further prays for release of

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vehicle after filing of the appeal and depositing 50% of the amount, as aforementioned, subject to outcome of the appeal.

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Learned Government Pleader has not seriously opposed the prayer made by the petitioner. Hence, we dispose of this writ petition by the following order:

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“It is open to the petitioner to file an appeal under Section 12 of the Act, as aforementioned, and to deposit 50% of the amount, which according to the respondents, he is liable to pay towards Andhra Pradesh State Tax, within a period of one week from today.

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On the petitioner depositing 50% of the tax and filing the appeal, as aforementioned, the concerned authority shall release the vehicle subject to condition that he shall produce the vehicle as and when required. If the order passed in the appeal is adverse to the petitioner, he shall deposit the remaining 50% amount within a period of four weeks from the date of decision, subject to his right to challenge the said order in appropriate proceedings. It is needless to mention that the petitioner shall not part with the vehicle till disposal of the appeal that he proposes to file and in any case, before the issue of tax is settled. All contentions on merits are kept open.”

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Miscellaneous petitions, if any, also stand disposed of.

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_________________________ DILIP B. BHOSALE, ACJ

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________________________ P. NAVEEN RAO, J Date: 07-04-2016 ES Note: Furnish urgent copy. B/O ES

Sayed Abdul Aleem, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sayed Abdul Aleem, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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