Gunam Markandeya v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to.pass an o-rder, or orders, direction or issue a writ more particularly one in the nature of writ of Mandamus, Directing the respondents herein to release the vehicle i.e. Education lnstitute Bus bearing No. AP 29 TB 6046 which was seized by the Respondent No.4 herein under vehicle check report No.0203641 dated. 07 -02-2025 and handover the same to the petitioner, and consequently declare the aition of the respondents in demanding huge amount for release of said vehicle without following the mandatory provisions of Telangana Vehicles Taxation Act and .its Rules is illegal, arbitrary, violative of Article 14, 21 , 19 (g) of the Constitution of lndia. lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an order directing the respondents herein to releas6 the vehicle i.e. Education lnstitute Bus bearing No. AP 29 TB 6046 which was seized by the Respondent No.4 herein under vehicle check report No.0203641 dated. 07-02-2025 and handover the same to the petitioner herein, pending disposal of main W.p. in the interest of Justice. Counsel for the Petitioner: SRI S.CHANDRASEKHAR Counsel forthe Respondents: GP FOR TRANSPORT The Court made the following: ORDER THE HON'BLE SRI JUSTICE K'SARATH WRIT PETITION No. 9L39of 2025 ORDER: Heardlearnedcounselappearingforthepetitioner and learned Government Pleacler for Transport appearing for the respondents and perused the material on record' With their consent, this writ petition is disposed of at the stage of admission' Learned counsel appearing for the petitioner submits 2. that the petitioner is Secretary of Gurram Balanarsaiah Institute of Pharmacy Edulabad' Ghatkesar and purchased Educational Institute Bus bearing registration No'AP 29 TB 6046 from Gurunanak Educational Society' IbrahimPatnam, Ranga ReddY District in the month of Thereafter, the Petitioner made December, 2023 application No'TS 1O7l 14575212023/R' dated Ol'12'2023 for registration of said vehicle and later the registration was transferred from RTA Ibrahimpatnam to RTS uppal to facilitate the Gurram Balanarsaiah Institute of Pharmacy to 2 sr,J W.P.No.9139 oJ 2O2S register the said vehicle in the name of said Institution. Due to personal health reasons of the petitioner, the said process of transferring the vehicle in the name of Gurram Balanarsaiah Institute in RTA office, Uppal was not completed. In view of the same, the petitioner had not obtained permit, FC, pUC and the insurance of the vehicle was lapsed on 7O.O9.2O24. The Gurram Baianarsaiah Institute has been using the said vehicre as e,xclusively Education Institute bus, for carrying the students from one place to another place.

3. Learned counsel appearing for the petitioner further submits that on OZ.O2.2O2S, the said vehicle while plying from Narapally to Gurram Ba_lanarsaiah Institute of Pharmacy, Edulabad, the respondent No.4 stopped Lhe vehicle and seized the same, alleging that the said vehicle has been plying without tax, permit, FC, IC, pUC ard DL. The petitioner approached the RTA, Uppal for hling of appeal but was advised to approach RTA, Ibrahirnpatnam ---7 3 sr,J W.P.No.9739 of 2025 as the registration was with the RTA, Ibrahimpatnam. But, the ofhcia-ls of RTA, Ibrahimpatnam demanded the petitioner to pay compounding fee of Rs.21,575/- for plying the vehicle without tax, permit, FC, IC, pUC and DL and aiso demanded to pay tax with penalty of Rs.3,77,500/-. The appeal filed by the petitioner was not taken by the respondent No.2 as the appeal has to be filed before the respondent No.3. The respondent No.3 received the said appeal and not passed any orders and the petitioner constrained to file writ petition before this Court for release of vehicle. After hling of the writ petition, the ,respondent No.3 issued proceedings in Rc.No.465/A2llBpMl2O2S, dated 28.03.2025, in which he directed the petitioner to approach the respondent No.2 to file appeal under Section 12 of TMVT Act, 1963 for release of vehicle.

4. Learned counsel appearing for the petitioner further submits that the petitioner is ready to transfer the vehicle in the narne of Gurram Balanarsaiah Institute and obtain 4 sx,J W.P.No.9139 of 2O2s permit, FC, IC, PUC and DL and a.lso obtain insurance to the said vehicle and pay the compouncling penalty and requested to pass appropriate orders.

5. On the other hand, the learned Government pleader for Transport basing on the written instructions submits that the petitioner has to pay 75,2OO/- per quarter under Sections 3 and 4 of TSMVT Act, 1963 and penalty laid down under Rule t3 of TSMVT Rules, 1963. The petitioner has to deposit amounts as per Vehicle Check Report No.020364 1, dated 07.O2.2025 and requested to direct the petitioner to pay the amounts as demanded by the respondent authorities, then only they wili release the vehicle. 6 on record After hearing both sides and perusing the material this Court is of the considered view that admittedly the petitioner purchased the bus bearing registration No.AP 29 TB 6046 from Gurunanak Educational Society, Ibrahimpatnam, Ranga Reddy District I 1 I I I 5 SK,J W.P.N0.9139 of 2O2S and has been using the vehicie for educational institute purpose. The respondent authorities have also not disputed the usage of the vehicle for the purpose ol educationa-l institute. At the time of seizure a]so, the pelitioner is carrying the students of the Institution from Narapally to Gurram Balanarsaiah Institute of pharmacy. It clearly shows that the petitioner is running the bus for transporting the students. As per Telangana Motor Vehicle Taxation Act, the respondents cannot treat the vehicre as a private carrier transporting passengers. It has to be treated as vehicle using for educational institutions. Moreover, there is delay on the part of the petitioner for transferring the vehicle from Gurunanak Educational Society to Gurram Balanarsaiah - lnstitute of pharmacy and also not having valid documents at the time of checking. The appea.l hled by the petitioner was returned by the respondent No.3 on the ground that he has no jurisdiction to entertain the same and directed to approach the RTA, Uppal. :1 I I 6

7. ta.p.No.erse q if;! In view of the above circumstances, this writ petition is disposed of by directing the petitioner to make an appeal before the RTA, Uppal within two (2)weeks from the date of ' receipt of copy of this order. (Jp6p filing of such appeal, the respondents are directed to release the vehicle subject to condition that the petitioner shall deposit bank guarantee of Rs. 1,OO,0OOI_ (Rupees one lakh) to the RTA, Uppal. Tilt the disposal of the said appeai, the peUtioner is iurthcr directed not to alienate or change the nature of the vehicle. However, there shall be no order as to costs. 8. Miscellaneous petitions, if any, pending shall stand closed. //TRUE COPYII DE B??V?[BilJHlti l I l J fo, SECTION OFFICE /_ R

1. The p Tela nncipal Sei ngana, Hyde ry, Transpo( Department, Sec retariat State of ad.

2. The Secretary, Road TransPort Authority Uppat, District Med chat-Matkajgiri. 3. The Se cretary, Road Transport Authority, lbrahimpatnam, District 4. The Motor Veh icle lnspector, R.T.A. Uppal 5. One CC to SRt 6. Two C Cs to Gp tou4 , District Medchal_Malkajgiri vocate. [OpUC] FoR rRA[5pgq7 S.CHANDRASEKHAR, anga Reddy Ad R High Court for the State of Telangana

7. Two CD Copies. BSK BS 1,9 HIGH COURT DATED:0810412025 ORDER WP.No.9139 of 2025 1HE S T.q 16r 1\ eJ 0 2 liAY 2tl75 t D I-.5p11^rrr'o .,/ o( l ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS oL