Mallikarjun Nellikanti v. 1. The State of Telangana

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 especially one an the Nature of Writ of Mandamus declarinJ the seizure of petitioner's vehicle bearing No. TS 07 UG 5369, vide vehicle check report No.0086510 dated 11-02-2025 is illegally and arbitrary and further declare the action of the 2nd respondent in not releasing the same in spite of the petitioner being ready to pay the overload penalty under Section 194 of the iVlotor Vehicles Act is also illegal, arbitrary and violative of Article 19(1) (g) of lthe Constitution of lndia and consequently direct the 2nd respondent to releade the vehicle bearing No. TS 07 UG 5369 in,favour of the petitioner by collecting overload penalty as contemplated under Section 194 of the Motor Vehicles Act / lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in isupport of the petition, the High Court may be pleased to direct the 2nd respondent to release the vehicle bearing No. TS 07 UG 5369 seized vide check report No. 0086510 dated 11-02-2025 in favour of the petitioner by collecting overload penalty as contemplated under Section l94 of the Motor Vehicles Act, pending disposal of the main writ petition Counsel for the Petitioner: SRt. BANAVATH NAGESHWAR RAO Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER 1-- ) HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.67OO of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Transport appearing for the respondent Nos.1 to 3. With their consent, this writ petition is disposed of at the stage of admission itself.

2. This writ petition is filed seeking the following prayer:- "to declare the seizure of petitioner's oehicle beaing No.TS 0/ UG 5369, oide ttehicle check report No.0086510 dated 11-.02.2025 is illegally and arbitrary and further declare tht action of the 2,d respondent in not releasing the same in spite of the petitioner being rendy to pay tht ouerLond penaLty under Section 194 of the Motor Vehicles Act is also illegal, arbitrary and aiolatioe of Article 19(l) (g) of the Constitution of India and consequently direct the 2ud respondent to release tfu aehicle bearing No.TS 07 UG 5369 in faoour of tfu petitioner by collecting oaerload penalty as contemplated under Section 194 of the Motor Vehicles Act."

3. Learned counsel for the petitioner submits that the petitioner is the owner of the goods carriage vehicle (Lorry) bearing No.TS 07 UG 5369 and on L1..02.2025, when the said vehicle was proceeding with load of sand, the sarne was seized by respondent No.3 and a vehicle check report No.0086510 dated 11.,02.2025 was issued alleging that the said vehicle was found plying with overload of 1.6,540 kgs, violating the permit condition and without rlriving license and without permit. Thereafter, petitioner approached respondent No.2 seeking release of vehicle and agreed to pay compounding fee for overload under Section 194 of Motor Vehicles Act, 1988 and the I I :2222 ':' respondent No.2 directed the petitioner to pay the penalty to Mining Department as overload attracts mining. Hence, the petitioner on 12.02.2025 paid an amount of Rs.33,080/- towards penalty to the Mining Department and on 78.02.2025 approached respondent No.2 for release of vehicle, however, respondent No.2 refused to release the same on the ground of pending enquiry. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioner drawn attention of this Court to the Section 194 of the Motor Vehicle's Act, 1988 and the same is extracted hereunder:- "194. ._ Drhting' behicle exceeding permissible ueight. _ Wnetb'r dripes n motor oehicle or causes or allozos a motor ttehicle to be driaen in antraaention of the prooisions of section 17i or section 714 or section 115 shall be punishabb toitlt tttinimum fne of hoo thousand. rupees and an additional nntount o.f one thousand rupees per tonne of excess load, togt,tlrcr utith tla liability to pay charges for off-loading of the exa:ss Load."

5. Learnecl counsel for the petitioner subrnits that the petitioner is ready to pay penalty in terms of Section 194 of the Motor Vehicle,s Ac! 19gg and inspite of the same, respondent No.2 is not releasing the vehicle and pray this Court to direct the respondent No.2 to release the petitioner's vehicle bearing No.TS 07 UG 5369 in a time bound period.

6. Learned Assistant Government pleader appearing for respondents submits that if the petitioner pays penalty in terms of section 194 of the Motor Vehicle's Act 1988, appropriate orders may be passed. / ::3::

7. Recording the above submission made by learned counsel on either side, this writ petition is disposed of, directing the respondent No.2 to release petitioner's vehicie bearing No.TS 07 UG 5369, subject to petitioner paying penalty in terms of Section 194 of the Motor Vehicle's Act 1988, within a period of two (02) weeks from the date of receipt of penalty amount from the petitioner.

8. Accordingly, this writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. I To, SD/. A.V.S. PRASAD T REGISTRAR ASSIST //TRUE COPY// S CTION OFFICER

1. The Principal Secretary, Transport, Roads and Buildings (TR.l) Department, Dr, B.R. Ainbedkar Teiangana Secretariat, T.S',Hyderabad.

2. The Secretary, Regional Transport Authority- Uppal, Medchal District, Telanqana. 3- The Mbtor Vehicle lnspector., Bhadradri Kothagudem. +. One CC to SRl. BANAVATH NAGESHWAR RAO, Advocate [OPUC] 5. Two CCs to GP FOR TRANSPORT ,High Court for the State of Telangana at Hyderabad [OUT1

6. Two CD Copies BIM / i CC TODAY $E S T4It 1 q o o [71ufl M l)c^.- ., .. ,-,'1) HIGH COUR DATED:0510312025 ORDER WP.No.6700 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS /o /z v,zs ,/x 5 l I l