The court disposed of a writ petition as not pressed. The petitioner is permitted to file an appeal against a penalty imposed under the Motor Vehicles Act, with the respondent open to oppose it on merits or limitation within four weeks.
Writ petition disposed as not pressed; petitioner allowed to file appeal against penalty.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE SRI JUSTICE P. NAVEEN RAO
Writ Petition No.7268 of 2006
Date:18.3.2016
Between: K. Giridhar, Hyderabad. …..Petitioner And The Regional Transport Authority, Hyderabad.
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
THE HON’BLE SRI JUSTICE P. NAVEEN RAO
Writ Petition No.7268 of 2006
ORDER:(Per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
Smt. M. Vinoba Devi, learned counsel for the petitioner submits that since the petitioner has already deposited the tax and compounding fees, as per the order dated 13.4.2006 passed by this Court, petitioner may be permitted to file appeal challenging the penalty imposed by the Regional Transport Officer.
Mr. Venkata Raghu Ramulu, learned Government Pleader for the respondent submits that he has no objection for allowing the petitioner to file appeal, as aforementioned, subject to their right to oppose the appeal on merits and also on the ground of limitation.
We dispose of this writ petition as not pressed. It is open to the petitioner to file appeal against the imposition of penalty by the impugned notice dated 3.4.2006, and if any such appeal is filed, we hope and trust that the appellate authority shall deal with the same on merits, in accordance with law. It is open to the respondent to oppose the appeal on merits and also on the ground of limitation. If no appeal is filed within four weeks from today, it will be open to the respondent to recover the penalty as per the impugned notice.
Consequently, pending miscellaneous applications shall also stand closed. No costs.
____________________ DILIP B. BHOSALE, ACJ
__________________ P. NAVEEN RAO, J
18th March, 2016
Pnb
K. Giridhar
Regional Transport Authority, Hyderabad
Dilip B. Bhosale
P. Naveen Rao
As recorded by the court registry
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