IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 17630 of 2008 Between: Gowtham Academy of General and Technical Education, Rep. by its Secretary and Correspondent M.Venkatanarayana S/o. Polaiah aged 50 Years, Armoor Road, Gangasthan, Nizamabad. ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Nizamabad. 2 The Motor Vehicle Inspector, Nizamabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the seizure and detention of petitioner's vehicle bearing Registration No.KA 38 2920 seized under vehicle check report No.0131212 dated 16.07.2008 by the 2nd respondent as arbitrary, illegal, void, vitiated unconstitutional, without jurisdiction, contrary to the mandatory provisions of Motor Vehicles Act, 1988 and violative of the judgment of the Hon'ble High Court in 2000 (4) ALD 501 and consequently direct the respondents to release the petitioner's institution vehicle bearing Registration No. KA 38 2916 forthwith to the petitioner's and grant such other necessary reliefs. Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 17634 of 2008 Between: Gowtham Academy of General and Technical Education, Rep. by its Secretary and Correspondent M.Venkatanarayana S/o. Polaiah aged 50 Years, Armoor Road, Gangasthan, Nizamabad. ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Nizamabad. 2 The Motor Vehicle Inspector, Nizamabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the seizure and detention of petitioner's vehicle bearing Registration No.KA 38 2922 seized under vehicle check report No.0131211 dated 16.07.2008 by the 2nd respondent as arbitrary, illegal, void, vitiated unconstitutional, without jurisdiction, contrary to the mandatory provisions of Motor Vehicles Act, 1988 and violative of the judgment of the Hon'ble High Court in 2000 (4) ALD 501 and consequently direct the respondents to release the petitioner's institution vehicle bearing Registration No. KA 38 2922 forthwith to the petitioner's and grant such other necessary reliefs. Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 17662 of 2008 Between: Gowtham Academy of General and Technical Education, Rep by its Secretary and Correspondent M. Venkatanarayana, S/o. Polaiah, aged 50 years, Armoor Road, Gangasthan, Nizamabad. ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Nizamabad. 2 The Motor Vehicle Inspector, Nizambad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the seizure and detention of petitioner's vehicle bearing Registration No. KA 38916 seized under vehicle check report No. 0259691 dated 16-7-2008 by the 2nd respondent as arbitrary, illegal, void, vitiated unconstitutional, without jurisdiction, contrary to the mandatory provisions of Motor Vehicles Act 1988 and violative of the Judgment of the Hon'ble High Court in 2000 (4) ALD 501 and consequently direct the respondents to release the petitioner's institution vehicle bearing Registration No. KA 38916 forthwith to the petitioner's and grant Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : COMMON ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicles bearing Registration No.KA 382920, KA 382922 and KA 382916 vide VCR No. 0131212, 0131211 and 0259691 respectively, dated 16.7.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner-Institution, pending enquiry, the petitioner filed these writ petition. It is case of the petitioner that it purchased the vehicles from Karnataka State and the vehicles are yet to be transferred in the name of the petitioner Institution. While so, on 16.07.2008, the second respondent checked the vehicle on the allegation that it was plying from Gagasthan to Nizamabad, carrying school children without valid permit and valid documents and on requisition, R.C. Book was not produced, that there was no proof of tax payment, besides other irregularities. Hence, the said vehicles were seized and kept at the R.T.A, Nizamabad for custody. Hence, the present writ petitions are filed. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. It is contended by the learned counsel for the petitioner that the action of the second respondent in seizing the vehicles is not in accordance with law and, therefore, the vehicles be released. The learned Government Pleader for Transport on instructions submits that the ownership of the vehicles is not transferred in the name of the petitioner Institution. He further submits that no application has so far been made claiming exemption/tax concession or that the Institution has obtained permission to run the vehicle under valid permit. He further submits that the tax component put together for the three vehicles would be approximately Rs.2,50,000/-. Learned counsel for the petitioner submitted that the petitioner is an Educational Institution carrying students from nearby villages and for the first time, the petitioner has introduced bus transport for the students and it could not comply with the filing of necessary applications, as required under the A.P. Motor Vehicle Taxation Act and, therefore, sought for a direction to the respondents to release the vehicles so as to enable the petitioner to comply with the requirements to get the vehicles transferred and registered in the name of the petitioner Institution and claim exemption/tax concession. We see some force in the submission made by the learned counsel for the petitioner. Accordingly we direct the respondents to release the release all the three vehicles bearing Registration Nos. KA 382920, KA382922 and KA 382916 seized vide VCR No. 0131212, 0131211 and 0259691 respectively, dated 16.7.2008 by the second respondent, as and when the petitioner deposits a sum of Rs.1.00 lakh (Rupees one lakh). We make it clear that the petitioner shall not ply the vehicles without obtaining a valid permit in accordance with law. We further make it clear that the vehicles are released only to facilitate the petitioner to make applications in the prescribed proforma(s) to get them transferred and registered in the name of the petitioner Institution and to claim exemption/concession of tax payment, under the Rules. In the event of the petitioner submitting the required applications, the respondents are directed to dispose of the same, in accordance with law. It is needless to mention here that the amount that may be paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari ______________________ Justice P.V. Sanjay Kumar August 13, 2008 Copy by 14.8.2008 //BO// MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}