Kalwa Srinivas v. The Regional Transport Officer, Ranga Reddy District & Ors.

(Per Hon’ble Sri Justice V.V.S.Rao) The petitioner is owner of a goods carriage (TATA) bearing No.AP 16 U 9889. The second respondent conducted a check on

10.02.2012. At the time of the check, the vehicle allegedly was plying without Registration Certificate, Tax Receipt, Fitness Certificate, Insurance Certificate, Pollution Certificate and Permit. Therefore, the second respondent seized the vehicle and reported to the first respondent. The petitioner statedly filed an application on 24.03.2012 requesting to release the vehicle, in vain. Therefore, they filed the instant writ petition. Non-production of the proof of payment of tax would attract Section 8 of the Andhra Pradesh Motor Vehicles Taxation Act,

1963. The said provision empowers the designated officer to seize and detain the motor vehicle in respect of which tax is due. Any person aggrieved by such seizure has a right of appeal under Section 12(c) of the Act to designated authority. In this case, the petitioner has made an application to the first respondent. We are of the considered opinion that the first respondent may consider such application treating it as an appeal. This exercise may be completed within a period of three weeks as the petitioner’s vehicle was seized almost more than two months back. The writ petition with the above observation, as well the W.P.M.P.No.14646 of 2012 shall stand disposed of. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ________________________________

(G.KRISHNA MOHAN REDDY, J)

20.04.2012