HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32827 OF 2010 Date: 13-08-2013 Between: N.V. Ramana Reddy. - - - Petitioner. And The Regional Transport Officer, Proddatur, Kadapa District and another. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32827 OF 2010 ORDER: Petitioner is the owner of motor transport vehicle bearing registration No.AP-04-X-9888. On 10.12.2010, the Assistant Motor Vehicles Inspector, (2nd respondent) stopped the vehicle of the petitioner while it was proceeding from Bupalpally to Tandur with load of fly ash, detained the vehicle vide check report No.1344457, dated 10.12.2010. The vehicle was seized on the ground that it was carrying over load. Seeking to release the vehicle, this writ petition is instituted by the petitioner. 2. By an order dated 27.12.2010, this Court directed the respondents to release the petitioner’s vehicle bearing registration No.AP-04-X-9888 on condition of petitioner depositing an amount of Rs.10,000/-. 3. Pursuant to the notice issued by this Court, respondents filed counter-affidavit, wherein the first respondent deposes that the vehicle was found carrying fly ash to an extent of 37090 KGs, whereas the permitted load limit was 31000 KGs. Thus, it was found that the vehicle was carrying an excess load of fly ash to a tune of 6090 KGs. It is stated that in view of the excess load, in exercise of power under Sections 113 and 114 of the Motor Vehicles Act, 1988 (For short, ‘the M.V. Act’) the vehicle was seized and kept at A.P.S.R.T.C., R.C. Puram Depot. The driver was advised to unload the excess weight at his own risk. It is further deposed that the petitioner was served with show-cause notice under Section 86(1) of the M.V. Act, and under Section 19(F) of the M.V. Act read with Rule 21 of the C.M.V. Rules, 1989. Though the petitioner has acknowledged the notice on 21.12.2010, no explanation was submitted. It was further deposed that as per the interim orders of this Court, on depositing of Rs.10,000/-, the vehicle was released on 31.12.2010. 4. Learned Government Pleader submits that in accordance with the provisions contained in Section 194 of the M.V. Act, if a motor vehicle is driven in contravention of provisions contained in Section 113, Sections 114 and 115, such person is punishable with minimum fine of Rs.2,000/- and an additional amount of Rs.1,000/- per tonne of the excess load, together with the liability to pay charges for off-loading of the excess load. 5. In this case, the petitioner was carrying an excess load of 6090 KGs (6 tonnes). In accordance with the provisions contained in Section 194, he is liable to pay an amount of Rs.6,000/- towards 6 Tonnes of excess load, in addition to fine amount of Rs.2,000/-. Thus, the maximum amount that is payable by the petitioner even if he is held liable comes to Rs.8,000/- whereas, in pursuant to the interim orders of this Court, he has already deposited an amount of Rs.10,000/-. As a consequence to the interim orders granted by this Court, as the vehicle is already released on deposit of Rs.10,000/- by the petitioner, no further proceedings shall be taken against the petitioner and the petitioner is entitled to use and enjoy his motor transport vehicle bearing registration No.AP-04-X-9888 without any further hindrances by the respondents. Amount deposited shall be treated as fine paid by the petitioner. Accordingly, with the above observations, the writ petition is disposed of. In consequence, the Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No order as to costs. _____________________ P. NAVEEN RAO, J Date: 13-08-2013. Dsh HON’BLE SRI JUSTICE P. NAVEEN RAO 160 WRIT PETITION No.32827 OF 2010 August 13, 2013 DSH