DEVCHANDBHAI DAYALBHAI PATEL Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner before this Court is seeking a writ of mandamus for quashing and setting aside the order dated 30th October 2005, a copy of which is produced at Annexure 'A' to this petition, passed by respondent no.2. It is the case of the petitioner that his vehicle bearing Registration No.RJ 27 P 4158 was inspected at the Check Post, Alang on 30th October 2005 and having found certain breaches which are mentioned in the Report, the same was detained. The breaches as mentioned in the report are: (i) the document showing 'payment of tax', 'insurance' and 'permit of the vehicle were not produced, (ii) the vehicle was found carrying 40 passengers, who boarded the vehicle from Rajula of Surat, the driver was intimated that he has committed breach of permit, (iii) the driving licence was not produced. The vehicle was detained at the risk of the owner of the vehicle/ driver under the provisions of section 12(B) of the Motor Vehicles Act, 1958 (hereinafter referred to as "the Act"), at Alang Check Post. The issuing authority also informed that the owner of the vehicle/ driver shall show cause as to why legal action should not be taken.

(2.) The petitioner responded to the said challan on 7th November 2005. It is stated in the reply that the vehicle is detained on 30th October 2005; that at present it is the season of Diwali, therefore, his vehicle be immediately released; that when the vehicle was detained on 30th October 2005 all the original documents were deposited with the authority; that under the provisions of subsec.(2) of sec.207 of the Act, the authorities have discretion to release the vehicle, but in spite of that discretion the authorities have not released the vehicle.

(3.) The learned advocate for the petitioner then pleaded that the vehicle had entered the limits of the State of Gujarat. As per Circular dated 4th September 2001, a vehicle entering the limits of the State of Gujarat is liable to pay tax for full one month (a copy of the circular is produced at Annexure 'H'). It is submitted that if as per the said circular, the petitioner is liable to pay the tax for full month, he is ready and willing to pay tax for the entire month. The learned advocate submitted that taking this aspect into consideration the Court may entertain the petition and direct the authorities to release the vehicle on payment of the tax for entire month of October 2005.