DARREL D SOUZA Vs. REGIONAL TRANSPORT OFFICER MANGALORE

JUDGEMENT

(1.) The legality and correctness of the order passed in W.P.No.20269/ 2007 dated 21-1-2008 is called in question in this appeal. The facts leading to this case are hereunder.

(2.) The appellant, is a registered owner of a bus bearing No.KA-.B. 1130 which was purchased by him on 1-9-2004 from M/s. Aravind Motors Private Limited, Mangalore. On 10-4- 2006 on account of mechanical problem he left the vehicle with M/s. Aravind Motors Private Limited demanding the dealer to get the vehicle replaced. As there was no proper response from the dealer appellant raised a dispute before the District Consumer Redressal Forum after exchange of legal notices in complaint No. 196/2006 before the District Consumer Redressal Forum, Mangalore. On 22- 4-2006 the appellant intimated to the RTO by surrendering the documents with regard to non-use of vehicle and sought for exemption from payment of tax. On 28-4-2006, RTO accepted the request of the appellant. Accordingly the vehicle was left with Aravind Motors Private Limited, H.C.V. Work shop, Kulur Junction, Mangalore. The vehicle was removed from the place of parking by M/s. Aravind Motors to another garage in front of the place of parking. The motor vehicle inspector inspected the place and noticed that the vehicle was not found during inspection. Accordingly, Annexure-F to the writ petition was issued on 5-9-2006 stating that instead of parking the vehicle at M/s. Aravind Motors Private Limited, Kulur junction, the vehicle was found to be stationed at No. 152, Baikampady Industrial Area of M/s. Aravind Motors Private Limited. Based on the same the appellant was called upon to pay tax with penalty. The same was challenged by the appellant by filing an appeal before the Deputy Commissioner for Transport Shimoga Division in appeal DCT.SMG.Tax-20/2006-07 which appeal came to be dismissed on 28-8- 2007. Challenging the legality and correctness of the same, the petitioner filed the writ petition before this Court in W.P.No.20269/2007. The learned Judge after hearing the parties having come to the conclusion that when the premises was inspected the vehicle in question was not stationed and the same was removed to Baikampady Industrial Area of M/s. Aravind Motors Private Limited and that appellant had not taken prior permission to shift the vehicle from M/s. Aravind Motors Private Limited, Kulur Junction to Baikampady Industrial area. Being aggrieved by the same, the present appeal.

(3.) We have heard the learned counsel for the parties.