IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
L. NARASIMHA REDDY, J.
G. Srinivas Goud
Versus
Deputy Transport Commissioner, Nizamabad and others
WP No. 34957 of 2012
Decided on : Twenty Sixth Day of December, 2012
An LMV Motor Vehicle of Toyota, 2004 Qualis Model, with Registration No. AP 09 AT 8415, was owned by one Sri Madduri Mahesh Rao of Hyderabad. The petitioner purchased that vehicle and it was transferred in his name, on 9.9.2010. Since the petitioner is a resident of Nizamabad, the records pertaining to that vehicle appear to have been transferred to the office of the 1st respondent.
2. Life tax was paid for the vehicle, at the time of registration itself. On 22.5.2012, the petitioner and his family members were returning from Tirupathi. The Motor Vehicle Inspector, Flying Squad, Nellore, the 2nd respondent stopped the vehicle at Nellore. Through a vehicle check report, dated 22.5.2012, he seized the vehicle, stating that the number punched on the chassis of the vehicle appears to have been tampered. He took the pencil print of the chassis number on the VCR.
3. The petitioner submitted an application before the 1st respondent for release of the vehicle, under Rule 448-B of the A.P. Motor Vehicles Rules, 1989 (for short 'the Rules'). Complaining that the application was not disposed of, the petitioner filed WP No.19801 of 2012. It was represented on behalf of the respondents that the 1st respondent called for a report from the Deputy Transport Commissioner, Nellore, the 3rd respondent herein, and that as soon as it is received, necessary steps would be taken. The writ petition was disposed, of on 3.7.2012, directing that the 3rd respondent shall send the report within two weeks and that the 1st respondent shall pass orders on the application, within two weeks from the date of receipt of the report.
4. The 3rd respondent submitted a report, dated 24.8.2012, stating that the 2nd respondent has enquired from various sources and opined that the chassis number on the vehicle may have been repunched. Taking that into account, the 1st respondent issued a show-cause notice, dated 20.10.2012, requiring the petitioner to explain as to why, the registration of the vehicle, be not cancelled. The petitioner submitted his explanation. He made a request to furnish the material relied upon by the 1st respondent. He denied the allegation made against him. The 1st respondent passed an order, dated 1.11.2012, cancelling the registration of the vehicle. On the same day, she passed another order, rejecting the application for release of the vehicle. The same are challenged in this writ petition.
5. On behalf of the respondents, the 1st respondent filed a detailed counter-affidavit. She narrated the various steps that have taken place from the seizure of the vehicle, till the impugned orders were passed. She has also enclosed copies of proceedings. An objection is raised as to the maintainability of the writ petition, on the ground that alternative remedy of appeal is available to the petitioner.
6. Learned Counsel for the petitioner submits that the vehicle was originally registered with the RTA Central, Khairatabad and the same chassis number entered on the RC, is present, when it was inspected. He contends that the 2nd respondent tried his level best to seize the vehicle, on one ground or the other, and when everything was found to be in order, he seized the vehicle under a lame excuse and caused untold hardship and harassment to the petitioner and his family members. He submits that the 1st respondent did not inspect the vehicle physically nor verified the original records, and has passed the impugned order, just to exhibit her vindictiveness, on account of filing of the writ petition, seeking release. He contends that nowhere in the proceedings it was mentioned that the embossing of the numbers on the chassis must be of a particular specifications and that the one present on the vehicle does not accord with it.
7. Learned Counsel further submits that it was only when a discrepancy as to the number of the chassis between the one that was present when the vehicle was registered; and the one found at the time of check; is noticed, that steps coul
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