JHINNU PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. The revisionist is the owner of the Commander Jeep Bearing Registration No. UP-45/ 0345. The R. T. O. , Faizabad checked the vehicle and found that it was being used as public service vehicle carrying passengers on payment. He, therefore, seized the vehicle under Section 207 of M. V. Act.

(2.) THE revisionist moved an application before the R. T. O. (E), Faizabad for release of the vehicle. This application was neither disposed of nor challani report was submitted in the appropriate Court. THE revisionist, therefore, filed a Writ Petition No. 4979 (MB) of 2001. THE petition was finally disposed of with the direction, that the R. T. O. , Faizabad to consider and dispose of the application under Section 207 of M. V. Act within a period of two weeks from the date a certified copy of the order is produced before him. It was further directed that either the vehicle may be released or if necessary, the challani report be sent to the C. J. M. , Faizabad. After this order the R. T. O. , Faizabad submitted challani report in the Court of the C. J. M. , Faizabad. THE revisionist moved another application before the Court for release of the vehicle. THE application has been rejected by the impugned order dated 6-11-2001 basically on the ground that from the challani report it appears that the vehicle has been challened under Section 22 of U. P. Motor Vehicles Taxation Act, 1997 and that the applicant failed to deposit the taxes as provided in Section 22 of the Act.

(3.) THE vehicle in question is registered as private vehicle. It is not registered as private vehicle. THErefore, until, it is proved that on the day it was seized, it was being used as public service vehicle or private service public or a goods carriage or educational institutions bus, the revisionist cannot be asked to deposit the tax under Section 22 of the U. P. Motor Vehicles Taxation Act, 1997.