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Judgment
Subba Reddy Satti, J
This writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus declaring the action of respondent No.2 in not releasing the vehicle of the petitioner bearing No.AP 16 TJ 6133 seized under vehicle check report No.AP002/Aug2022/000320 dated 01.08.2022 without insisting to pay the tax and penalty or by accepting the tax as per G.O.Ms.No.285 dated 15.09.1984 as per application and instead insisting to pay the tax and penalty for the entire quarter as per vehicle check report as illegal, arbitrary and contrary to law.
The case of the petitioner is that the petitioner being the owner is operating the vehicle as Contract carriage from point to point by giving the vehicle to a contract. The petitioner obtained Authorisation and Permit under the All India Tourist Vehicles (Authorisation or Permit) Rules, 2021. Form-2 was issued and the same is valid from 19.08.2021 to 18.08.2022. Form-3 is valid from 19.05.2022 to 18.08.2022. The petitioner also submitted an application on 30.06.2022 to the Registering Authority i.e. RTO, Vijayawada for NOC to Yupia, Arunachal Pradesh State and NOC was issued on 01.07.2022. Due to technical problem, the vehicle was re-registered in the State of Arunachal Pradesh. While the vehicle was coming from Bangalore to Hyderabad for minor internal repairs, it was stopped by respondent No.3 at Ananthapuram, and the vehicle was seized on 01.08.2022 vide vehicle check report number AP002/Aug2022/000320. The following irregularities were pointed out during the course of checking of the vehicle.
(i) Not producing Driving License and Registration Certificate/without document.
(ii) Without insurance certificate.
(iii) Without FC
(iv) Without PUC
(v) Without permit/violation/AIT Authorisation expired
(vi) Without payment of Tax
The concerned authority imposed compounding fee at the rate of Rs.27,800/-. They also found that the petitioner has to pay Rs.1,61,250/- towards tax.
The petitioner along with writ petition filed all the necessary documents which were pointed out in the vehicle check report.
Sri B.Siva Rama Krishnaiah, learned counsel for the petitioner, would submit that, though at the time of vehicle check these documents were shown, the authorities noted as if they were not shown to the authorities.
Learned Government Pleader for Transport would submit that, had the petitioner produced the relevant documents at the time of checking of the vehicle, these things would not have been pointed out in the vehicle check report.
It is a disputed question of fact, which cannot be decided in the present writ petition. However, the petitioner is directed to appear before respondent No.2 and place all the necessary documents before respondent No.2 by way of representation within a period of three (3) weeks from today. On such representation along with necessary documents, respondent No.2 shall dispose of the same in accordance with law, as early as possible, by giving reasonable opportunity to the petitioner. If the petitioner failed to produce relevant documents as indicated in Vehicle Check Report, the authority concerned shall pass appropriate orders and collect the amount as indicated in Vehicle Check report. Further, the petitioner is directed to deposit tax amount of Rs.1,61,250/- with the concerned authority. As and when the tax amount is paid, vehicle of the petitioner bearing No.AP 16TJ 6133 be released in favour of the petitioner. The petitioner shall also give an undertaking that he will not create any third party interest in respect of subject vehicle and he will produce the vehicle whenever required.
With the above directions, the writ petition is disposed of. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall also stand closed.