Dismissed

Umamaheshwari Ganesh, v. The Government of Andhra Pradesh

Telangana HC7 Dec 2016WP/13042/2010

Case brief

AI extract

What is this about?

The Acting Chief Justice dismissed a writ petition challenging the seizure of a vehicle alleged to be operating as a stage carriage without paying tax, holding that if the vehicle check report is true, the respondents were justified in levying tax.

What did the court decide?

Writ petition dismissed without costs; miscellaneous petitions pending, if any, stand dismissed.

Umamaheshwari Ganesh, Vs The Government of Andhra… — Service and Employment | Telangana HC (2016)

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THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN

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AND

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THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA

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Writ Petition No.13042 of 2010

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Order: ( Per the Hon’ble The Acting Chief Justice Ramesh Ranganathan )

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The vehicle check report dated 26.5.2010 records that the subject vehicle was proceeding from Srikalahasti near Tirupathi with 55 passengers; on enquiry with the occupants, it was found that the occupants had boarded the bus at Tirupur; some of them had boarded the bus at Coimbatore; they had paid different individual fares as per the written statements; one of the passengers had produced the ticket issued by Priyadarshini Travels, Tirupathi, dated 14.3.2010, and had boarded the bus on 24/3 for a single route journey; the vehicle, as a whole, was not engaged as the persons travelling in the vehicle did not belong to a single party; there was no contract at the time of checking the vehicle; the vehicle was found plying as a stage carriage between Coimbatore to Tirupur and Tirupathi without payment of tax; and, hence, the vehicle was being seized.

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Pursuant to the interim order passed in W.P.M.P. No. 16434 of 2010 dated 10.6.2010, the vehicle was released on the petitioner depositing 50% of the tax due, and furnishing an undertaking to the effect that he will not alienate or transfer the vehicle.

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Sri V. Nitish, learned counsel for the petitioner, would contend that the vehicle was a contract carriage, and the facts recorded in the vehicle check report are false. In judicial review proceedings, under Article 226 of the Constitution of India, this Court would not undertake an examination of disputed questions of fact. The vehicle check report records that the passengers had boarded the bus from different places, and had produced tickets

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from different travel agencies. If the contents of the vehicle check report are true, the vehicle was evidently plying not as a contract carriage, but as a stage carriage vehicle, in which event, the respondents are justified in levying tax on the petitioner. We see no reason, therefore, to interfere with the order in writ proceeding under Article 226 of the Constitution of India.

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The writ petition fails and is, accordingly, dismissed. However, in the circumstances without costs. The miscellaneous petitions pending, if any, shall also stand dismissed.

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____
(RAMESH RANGANATHAN, ACJ)

(A. SHANKAR NARAYANA, J)
7 th December, 2016
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THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN

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AND

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THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA

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Writ Petition No.13042 of 2010

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Date: 7.12.2016

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Umamaheshwari Ganesh, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Umamaheshwari Ganesh, 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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