G NAGARAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners who are transport operators and whose vehicles were seized by the checking Officers for non production of certain documents and for alleged contraventions of law in purported exercise of power under Section 8 of APMV Taxation Act and Section 207 of Motor Vehicles Act have filed these writ petitions questioning the vires of Rule 448-B of AP MV Rules and for a 'consequential order' to direct the respondents to release the vehicles forthwith. This Court at the stage of admission of the writ petitions granted interim directions to release the vehicles subject to the condition of payment of Rs. 5,000.00 or Rs. 3,500.00 and furnishing an undertaking not to alienate the vehicle. On compliance with those conditions, the petitioners got release of the vehicles. Thus, no further relief need be granted to the petitioners. However, as the validity of Rule 448-B has been assailed and that question ought to be resolved at the earliest in the interest of all concerned, we have heard the arguments on the question of validity of rule.

(2.) The impugned Rule 448-B introduced by G.O. 123, Transport II D/- 4-6-1999 reads as follows :"448-B Release of seized and detained vehicles :- (1) An application for release of a vehicle seized and detained under sub-section (1) of Section 207 shall be in the form of a memorandum in duplicate with relevant documents duly enclosing a fee of rupees twenty five.(2) The Secretary, Regional Transport Authority, of the Region shall entertain application for release of vehicles seized and detained by his subordinate Officers :Provided that application shall be made to the Deputy Transport Commissioner in the case of check made by the Secretary, Regional Transport Authority in the cadre of Regional Transport Officer and the Transport Commissioner, if the Secretary, Regional Transport Authority is of the cadre of Deputy Transport Commissioner or Joint Transport Commissioner".

(3.) It is not out of place to quote the preceding Rule 448-A :