T.Bhanu Prasad v. The Deputy Transport Commissioner & Secretary, Ranga Reddy District & Anr.
Case at a glance
Outcome
Disposed of
The writ petition is disposed of as above, at the stage of
Provisions considered
Judgment
Operative part
THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.22194 of 2011 ORDER: The petitioner’s vehicle bearing registration No.AP 05 TA 2012 was stopped and checked by the second respondent at about 5.40 a.m. on 02.08.2011 while plying from Giddaluru to Hyderabad with 36 individual passengers. The check report dated 02.08.2011 records that 36 passengers were travelling from Giddaluru to Hyderabad paying individual hire charges of Rs.270/- and they are not bona fide tourists; were travelling for their independent business; and there was n o bona fide contract between the petitioner permit holder and the traveling passengers. Accordingly, on the allegation that the vehicle was plying as an express stage carriage from Giddaluru to Hyderabad without paying tax for the quarter ending 30.09.2011, without a valid permit and in violation of permit conditions, it was seized under Section 8 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 and under Section 207 of the Motor Vehicles Act, 1988. Aggrieved thereby is this writ petition filed. In view of the order dated 07.07.2005 passed by this Court in W.P.No.14594 of 2005, where in a similar set of circumstances this Court directed release of the vehicle on payment of the tax due and the question of penalty was left open to be decided by the authorities concerned in accordance with law, we consider it appropriate to direct the respondents to release the vehicle in question on petitioner paying appropriate tax due for the quarter ending 30.09.2011. The liability of the petitioner to penalty shall depend on separate orders to be passed by the respondents, in accordance with law. The petitioner shall also furnish an undertaking to the respondents not to alter the specifications of the vehicle or alienate the same and to produce it before the respondents as and when required. The writ petition is disposed of as above, at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for Transport. There shall, however, be no order as to costs. ___________________ GODA RAGHURAM, J ______________________ ASHUTOSH MOHUNTA, J 08th August, 2011 GHN
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of as above, at the stage of
Which statutory provisions did this judgment involve?
Andhra Pradesh Motor Vehicles Taxation Act, 1963 — s. 8; Motor Vehicles Act, 1988 — s. 207.
Which court decided this case, and when?
Andhra Pradesh High Court, on 08 Aug 2011. The bench was GODA RAGHURAM, ASHUTOSH MOHUNTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.