Krishna G vs. The State Regional Transport Authority

THE HON'BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.24893 OF 2006

ORAL ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Transport, appearing for the respondents.

This writ petition filed seeking a declaration that the action of the respondents in seizing and detaining the petitioner's Auto bearing registration No.AP-29-T-1815 vide vehicle check report No.2027933, dated 20.11.2006, is arbitrary and illegal.

The check report dated 20.11.2006 shows that the vehicle was seized on various allegations. Since enquiry is required to be conducted by the competent authority into the said allegations, following due process of law, it is not necessary for this Court to express any opinion as to the correctness of the said allegations.

However, pending such enquiry, I deem it appropriate to direct the respondents to release the vehicle in question, subject to the condition that the petitioner deposits a sum of Rs.5,000/- (rupees five thousands only), apart from paying the regular tax due, if any. The petitioner shall also furnish an undertaking that he will not alienate, transfer, encumber or create any third party interest over the vehicle in question till final orders are passed. It is made clear that the amount deposited in pursuance of this order shall be subject to the out come of the enquiry.

Accordingly, the writ petition is disposed of leaving it open to respondents to proceed with the enquiry in accordance with law. No costs.

29 th November, 2006. (G. ROHINI, J.) Issue CC by today. kgr

_____________

THE HON'BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.24893 OF 2006

29 th November, 2006.

Between:

Krishna, G. .. Petitioner.

And

The State Regional Transport Authority, Ranga Reddy district, Nagole, Hyderabad and another. .. Respondents.