BABU BUSHRA WADOOD MINOR Vs. JOINT TRANSPORT COMMISSIONER AND SECRETARY REGIONAL TRANSPORT AUTHORITY HYDERABAD

JUDGEMENT

(1.) Petitioner is the owner of a goods vehicle bearing Registration No.AP13/V/7925. Petitioner's vehicle was engaged by M/s. Lohiya Transport Company, Hyderabad to carry its goods to Nizamabad. When the loaded lorry was about to leave for Nizamabad, two passengers requested the driver to accommodate them in the lorry, as they want to go to Nizamabad for some urgent work. Accordingly, the two passengers were accommodated by the driver in the lorry. On 18-1-2002 the lorry loaded with kirana (grocery) goods was proceeding to Nizamabad. When it reached Bicanur Mandal, these two persons who boarded the lorry, threatened the driver and cleaner with dire consequences and forced them to divert it to a nearby forest area and threw them out from the said vehicle. However, the driver of the lorry could manage to go to Ramayampet Police Station on the next day i.e., 19-1-2002 and lodged a complaint, which was registered as Cr.No.3 of 2002.

(2.) It is stated the whereabouts of lorry could not be traced, however petitioner was made known about the tracing of the lorry on 23-1-2003 in the State of Maharashtra. Thereafter, the vehicle was brought to Ramayampet Police Station and the same was produced before the Judicial First Class Magistrate, Medak on 15-4-2003. When the petitioner approached the learned Magistrate seeking release, the learned Magistrate through order, dated 16-7-2003 directed for release of the said lorry and was handed over to the petitioner on 18-7-2003.

(3.) The petitioner having noticed that the vehicle was not in a good condition, got it repaired. Thereafter, he approached the 2nd respondent on 6-10-2003 and requested him to accept the tax for the quarter ending with 31-12-2003 enabling him to use the vehicle and also sought exemption from payment of tax for the earlier quarters, during which period the vehicle was under stoppage. However, the 2nd respondent refused to receive the tax for the quarter ending 31-12-2003 and issued the impugned notice, dated 15-11-2003 calling upon the petitioner to pay tax and penalty of Rs.22,120.00. Questioning the said show cause notice, petitioner filed the present writ petition.