Telangana High Court
Vachunuri Raju vs The State Of Telangana on 29 June, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.14438 of 2021
Date:29.06.2021
Between:
Vachunuri Raju S/o.Komaraiah,
Aged about 38 years, R/o.H.No.12-7-133/85/B, Habeeb Nagar,
Moosapet, Balanagar, Hyderabad.
.....Petitioner
And
The State of Telangana,
Transport Roads and Buildings Department,Rep.by its Principal
Secretary, Secretariat,Hyderabad and others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.14438 of 2021
ORDER :
This writ petition is filed to grant the following relief:
"...to issue an appropriate writ, order or directions, more particularly one in the nature of a Writ of MANDAMUS declaring the action of the 3rd respondent in seizing and detaining the petitioner's vehicle bearing Registration No.AR-02 6333 Tourist Bus having National Permit without giving any opportunity to the petitioner vide Vehicle Check Report No.0112570, dt.04.06.2021 as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to release the petitioner's vehicle bearing registration No. AR-02 6333 Tourist Bus and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. Heard Sri Janardhan Goud Sunkari, learned counsel for the petitioner and learned Government Pleader for Transport.
3. Petitioner claims to be the registered owner of the vehicle bearing Registration No. AR-02 6333 Tourist Bus registered in the State of Arunachal Pradesh. While the petitioner was operating the vehicle to Hyderabad from Mumbai, when it reached Zaheerabad, the third respondent stopped the vehicle and seized the same with check report No.0112570, dated 04.06.2021. The vehicle was seized holding that without payment of tax, without F.C., without PUG and permit N/P, the said vehicle is being operated. According to the petitioner, his driver has shown all the documents requested by the third respondent and though the petitioner vehicle did not violate any of the conditions of permit or transportation of passengers, illegally, the vehicle was seized and it is kept in the custody of respondents and exposed to natural calamities and extreme weather conditions. Petitioner, therefore, seeks release of his vehicle subject to acceptance of undisputed tax with liberty to avail appropriate remedy to challenge levy of penalty. -3-
4. Learned Government Pleader points out that as the vehicle was seized on the allegation of violation of Section 207 of Motor Vehicles Act, 1988 (Act, 1988), and Section 8 of the Telangana Motor Vehicles Taxation Act, 1963 (Act, 1963), remedy of appeal is provided and without availing said remedy, this Writ Petition is filed and therefore, not maintainable.
5. This issue was considered in WP.No.12936 of 2021. This Court held that when the statutorily engrafted remedy of appeal is available, aggrieved person must avail the remedy of appeal and granted liberty to the petitioner to avail remedy of appeal by fixing time limit to dispose of the appeal. In the present case, as the petitioner has effective and efficacious remedy of appeal under Rule 448-B of the Rules made under the Act, 1988, and Section 12 under the Act, 1963, this Court is not inclined to entertain this writ petition.
6. The liberty is granted to the petitioner to prefer appeal under Rule 448-B, and Section 12 of Taxation Act, 1963 against seizure of vehicle and demand to pay additional tax and penalty. If such appeal is preferred, the second respondent is directed to decide the appeal on merits dealing with the provisions of the said Acts and pass appropriate orders, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of appeal made by the petitioner. It is open to the petitioner to raise additional grounds within ten days from today including raising specific plea on levy of penalty by referring to various Government Orders issued from time to time. If for any reason, the appeal is not disposed of within time stipulated above, subject to petitioner -4- depositing undisputed tax, the vehicle shall be released with all the conditions that can be incorporated to secure the production of vehicle as and when required by the second respondent.
7. Writ Petition is disposed of accordingly. Pending miscellaneous petitions, if any, shall stand closed.
___________________ P.NAVEEN RAO, J Date: 29.06.2021 Nvl -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14438 of 2021 Date: 29.06.2021 Nvl -6-