V DWARAKNATH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the owner of the vehicle, bearing No. TN 04 L 9945. He states that he came to Hyderabad for a brief visit on the vehicle, in the month of July, 2009. On 08.07.2009, the Motor Vehicle Inspector (Vigilance), RTA, Hyderabad, the 3rd respondent herein, stopped the vehicle and seized the original of the Registration Certificate (RC), on the ground that the vehicle is being plied in the State of A.P. for about one month, and in that view of the matter, the petitioner is liable to pay life tax. The petitioner challenges the seizure of the RC. He contends that though more than three years have elapsed, the respondents have not initiated any proceedings, and on account of the seizure of the original RC, he is finding it difficult to utilise the vehicle. The Secretary, RTA Hyderabad, the 2nd respondent, and the 3rd respondent, filed separate counter-affidavits. They submit that the petitioner has been plying the vehicle in the State of A.P., and in that view of the matter, he is liable to pay the life tax. It is, however, mentioned that the RC is misplaced and efforts are bring made to trace it out.

(2.) Heard learned counsel for the petitioner and learned Government Pleader for Transport.

(3.) The only allegation, on which the RC was seized, was that the petitioner has been using the same in the State of A.P. It is not in dispute that the vehicle suffered life tax in the State of Tamil Nadu, where it was registered. Three years have elapsed, since the RC was seized, but no proceedings were initiated as yet. The seizure of RC would certainly be an handicap for the owner of the vehicle to use it. There does not appear to be any possibility for the respondents to trace it out. While the 3rd respondent states that he submitted the original of the check report as well as the RC with the office of the 2nd respondent, in his counter-affidavit, the 2nd respondent stated that inward maintained by his Office does not reflect the submission of RC.