K NARAYANAPPA Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) PETITIONER-NARAYANAPPA is before me challenging an order of the second respondent passed in Appeal No. 38 of 2001 at Annexure-E. Petitioner in the writ petition states that he is a transport operator in the state of Karnataka having his place of business at Bangalore. He has a branch office at Hyderabad. He is the registered owner of vehicle bearing No. KA-05-5553 bearing Chassis No. RTE 291855 and Engine No. RTE 17275. He became owner of the vehicle on 3-4-1998. He has purchased this vehicle from one Kalpana. He is operating this vehicle on the strength of the special permit issued by the RTO. R. C. is at Annexure-A.

(2.) PETITIONER also has purchased another vehicle bearing No. MED 6489 from one Rajendra Pandit Singh and others and has got transferred to his name on 6-12-1991. The vehicle was reassigned the registration number as AP-13-T-1008, Chassis No. ALB-110072 and Engine no. ALI 90505, not covered by any permit. He was paying idle tax at hyderabad. On 24-5-2001 at about 4 p. m. the vehicle bearing No. KA-05-5553 was proceeding from Bangalore to Harani near Vellore carrying a marriage party. It was intercepted by the Inspector of Motor Vehicles and he demanded the original documents. Driver produced only Xerox copies of the permit and not the original documents. Vehicle was seized and was handed over to Hebbagodi police for their custody, Check report and Form 27 were not issued to the petitioner. Petitioner states that without his knowledge another vehicle bearing Registration No. AP-13-T-1008 was proceeding from Bangalore to Vellore carrying a party by exhibiting the number plate of the vehicle bearing No. KA-05-5553. The inspector demanded the original documents and found that the vehicle was exhibiting Registration No. KA-05-5553. Driver produced Xerox copy of the permit issued to the vehicle bearing Registration No. KA-05-5553 and alleged that the number plate of the vehicle bearing No. KA-05-5553 was inserted on the original number plate which bore No. AP-13-T-1008. Both the vehicles were seized and handed over to the police station.

(3.) A complaint was lodged in the Hebbagodi Police Station. Cognizance was taken by the learned Judge. Petitioner filed an applicatio seeking release and custody of the vehicle in terms of the Act. Demand notice was issued to the petitioner in terms of Annexure-C. Aggrieved b the same, petitioner has filed an appeal. Appellate Authority dismissed the appeal. This appellate order is challenged before me.