Writ petition challenging seizure of a goods vehicle. Court directed release of vehicle subject to payment of admitted tax and compounding fees, permitting future assessment proceedings.
Directing respondents to release the vehicle subject to payment of admitted tax and compounding fees.
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[32e61
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 8903 OF 2023
Between:
YF. 9gVrFTraders, l4/qGqyqtl'Traders,rep by its prof Latita Devi Goud, W/o Brig_.Gopa1, Aged about'62 years, Occ. Business, nyo. iO_i_lOA.Oro Kabutar Khana Hussainialam, Baha-durpura, Hyderabad SbO OO+--
...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or direction more particularly one in the nature oi writ 9!MANDAMUSdeclaringthe seizureof the petitioner,s vehicle bearingNo.. TS12UA4693, Engine No. 27S1D,tOtFUy SS32ZB CHASSTS No. MAT445553FVF17213 MoDEL 2015 seized under vehicle check report dated. 13O3-2O23 by the Respondent No_3 as illegal, arbitrary, unjust and' consequenfly direct the respondents to release the vehicle of the petitioner forthwith, in the interest of justice. lA NO: 1 OF 2023
Petition under Section 1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to release the vehicle bearing registration No. TS 1 2UA4693, Engine No. 275'IO\O7FUY553278 CHASSTS No. MAT44S553FVF17203 MODEL 2015 seized under vehicle check report dated. 13.03.2023 by the Respondent No.3 to the Petitioner forthwith pending disposal of the above writ petition.
Counsel for the Petitioner: SRI HARIDAS SHARMA Counsel forthe Respondents: GP FOR TRANSPORT
The Court made the following: ORDER
THE HO.,'()URABLE SRI JUSTICE C.V.BHAS.KAR REDDY
WRIT PETITION No.8903 of 2O:21:t
ORDER
'll rs r,rit petirion is liled b1' the l)etiri():rer seeking a Wnt,tf l,1 ndomus rleclaring the action ol r:r,pondents in ir-rsist in5, t rr J>etitiorrer for payment of I a; irtr I p:nalt5, fs1 releasc ( petitioner's vehicle bezrring Registration No.TS l'),1 t.-4693, seized by the responclent Nc.3 under vehicl,-',-lL r::k Report No.21O189, dated lIt ,t3.26ra, u" illegal. a.-b rary and contran. to law; and oorrs squently, to dircct res,1--, r dent No.2 to release the vehicle.
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on the road, the saidvehicle was stoppedand checkedby respondent No.3 at Uppal, and later therespondent No.3 seized the subject vehicle under Section 7 ofMotor Vehicles Act, 1988 uide vehicle check reportNo.210189, dated 13.03.2023, for the followingirregularities:
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insist inrl I rr pctitioncr to pal penalt,' altd(]ortl ,or-rnding lee thcrc rn lrr a conclition for relcasing the sai<1 v:l icle.
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As a sequel, misce llaneous pe titions pending, if anv,
shall stand closed.
SD/. C. PRAVEEN KUMAR ASslsrANZrEGlsrRAC //TRUE copy// To SECTIOII OFFICER 1. rransport Dept secreta riat B uird inss, Hvderabad, IlliJ;ii53L:ff :""'' 2. The SecretaryIDistrict Tran 3. rheMo-torveirir;;i;'d;i",',pfl ff fili,ijiT,"$"jLi,HlLliJll,oo'ol,,lfji 4. 5. flff"flqi:".ffffi?flifi 5,A3H+]ffii"aafigiuitrareof re,angana,at 6. Two CD Copies PSK. GJP
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HIGH COUFI]
DATED:1 6106t2t023
ORDER
WP.No.8903 cf 2023
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DISPOSING13 ': THE WRIT PETITION WITHOUT COIiI'S.
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YF. 9gVrF<sup>Traders,</sup> l4/q<sup>Gqyqtl'Traders
The State of Telangana, Rep. by its principal Secretary, Transport Dept.
District Transport Officer, Medchal Malkajgiri District
Motor Vehicle Inspector, RTA-Uppal
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
