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Karnataka High Court
Munirathnam Mudaliar A.M. - Appellant
Versus
R.T.O. - Respondent
Decided On : 01-24-86
Motor Vehicles - Seizure of Vehicle - Motor Vehicles Act, Section 129a, Karnataka Motor Vehicles Taxation Act - Section 3 - Section 32 - Section 112 - Rule 367a of Karnataka Motor Vehicles Rules - General powers of enquiry under Section 133a (4) - Seizure of vehicle with valid permit from outside authority - Jurisdiction of Motor Vehicles Inspector - High-handed action - Relief granted to petitioner
Fact of the Case:
The petitioner's vehicle, with a valid special permit, was seized by the Motor Vehicles Inspector in Karnataka on the grounds that the chassis and engine numbers did not match the entries in the R.C. Book. The petitioner challenged the seizure, citing that the Inspector exceeded his powers as per Rule 367-A of the Motor Vehicles Rules.
Finding of the Court:
The court found that the seizure was unjustified as the vehicle had a valid permit and no tax was payable to Karnataka. The Inspector's action caused hardship to the passengers, and the court directed the Commissioner for Transport to recover Rs. 1,000 from the Inspector and pay it to the petitioner as compensation.
Issues: The main issue was whether the Motor Vehicles Inspector exceeded his powers in seizing the vehicle with a valid permit from an outside authority.
Ratio Decidendi: The court held that the Inspector's seizure was without jurisdiction and constituted high-handed and indiscreet action. It emphasized that no tax was payable to Karnataka, and the seizure was not justified under Section 129a of the Motor Vehicles Act.
Final Decision: The petition was allowed with costs, and the impounded documents were to be returned to the petitioner. The court directed the authorities to release the vehicle promptly and report the matter to the court.
( 1 ) THE petitioner is the registered owner of a motor vehicle registered in andhra Pradesh as ADC 4037 and had a Special: Permit valid upto 26-1-1986. It was checked by the Sr. Motor Vehicles Inspector, Mysore, on 20-1-1986 at about 4-15 p. m. at Gundlupet Check post and seized it for the reasons stated in the chack report.
( 2 ) THIS seizure is challenged in this writ petition which was filed on 23-1-1986. On an urgent motion made by the petitioner's Counsel, the petition was taken up for preliminary hearing on the sama day.
( 3 ) AFTER hearing the petitioner, I directed the learned Government Pieader to take notice regarding rule and the interim prayer. He, however, prayed for time till next day to seek instructions and the matter was taken up for hearing on 24th.
( 4 ) SRI Dattu submitted that he could not contact the concerned officer to seek instructions since he had very short time. I have, therefore, heard both sides on merits and considering the reasons stated by the checking officer in the check report, the following order is made.
( 5 ) THE petitioner had obtained the special permit valid upto 26-1-1986 to carry tourists from Nageri in Chittoor district to various pisces mentioned in the permit which included Mysore and via Gundlupet. That it had a valid permit is not in dispute as indicated in the check report itself. There were 60 adult passengers in the vehicle who are travelling as per the special permit issued by the Secretary, Regional Transport, chittoor.
( 6 ) THERE was therefore no reason to seize the vehicle for any contravention contemplated under Section 129a of the Motor Vehicles Act. The Motor vehicles Inspector did not stop there, but he proceeded further and checked the chassis number and the engine number and tallied it with the entries made in the R. C. Book and found that they did not tally. He immediately came to the conclusion that the parmit issued to the vehicle in question was not a valid permit and 'hat therefore, was not authorised to ply in the Stata of Karnataka. He was therefore of the opinion that the petitioner WES liable to pay the tax to the Karnataka State under Section 3 of the Motor Vehicles Taxation Act and recording these leasons, the Motor vehicles Inspector seized the vehicle.
( 7 ) THE petitioner being aggrieved by the said seizure, has challenged the same in this writ petition.
( 8 ) THE main ground on which the seizure is challenged is, that the Motor vehicles Inspector exceeded his powers as conferred under Rule 367-A of the mo'or Vehicles Rules and that therefore seizure is illegal.
( 9 ) IT is argued by Sri Achar, learned counsel for the petitioner that ti. e motor Vehicles Inspector is not vested with any power to seize any vehicle covered by a valid permit issued by an outside authority and the seizure of the vehicle on the ground the chassis number of the motor vehicle was different from what was recorded in the R C. Book, was without authority of law.
( 10 ) IT is further argued by Sri achar that on account of this illegal and unwarranted action on the part of the motor Vehicles Inspector, the touris's who were proceeding to Ooty have been stranded at Gundlupet from 4. 15 p m. on 20th of this month. Being left with no other alternative, the petitioner has approached this Court for appropriate relief.
( 11 ) IT is argued by Sri Dattu, learned High Court Government Pleader that the action taken by the Motor Vehicles inspector is justifiable by virtue of the general powers vested in him by Section 133a (4) of the Motor Vehicles Act. it is, therefore, his contention that since the chassis number and the engine number did not tally with the numbers recorded in the R. C. Book, it was well within his powers to conclude that the permit issued by the Secretary, Regional transport, Chittoor. , was not a valid permit. Therefore, the Motor Vehicles inspector was justified in seizing the vehicle on the further assumption that the petitioner was liable to p
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