LAWS(P&H)-1996-10-69

U T LIMITED Vs. STATE OF HARYANA

Decided On October 08, 1996
U T LIMITED Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) M /s. U. T. Limited carrying on business at village Jhermairi Barotiwala, District Solan has filed the present civil writ petition under Articles 226/227 of the Constitution of India against the State of Haryana, Transport Commissioner and Shri R. K. Sharma, Transport Inspector, respondents No. 1 to 3 respectively praying that a writ of certiorari may be issued quashing the seizure memo/challan dated 4. 1. 1996 Annexure P-1 and issuance of a writ of mandamus directing the respondents to release the impounded vehicle No. HP-121055 (Jeep) under section 207 of the Motor Vehicles Act, 1988.

(2.) IT has been averred in the petition that the petitioner is a limited company incorporated under the provisions of Companies Act and its General Manager Shri H. D. Suri is the duly authorised person to file the present writ petition. The petitioner company is engaged in the manufacturing of Iron Casting and has its factory premises at Jharmajri, Barotiwala (Himachal Pradesh) and it has its local office at SCO No. 53, Sector 26, Chandigarh. The petitioner's company purchased two jeeps bearing Nos. HP-12-1055 and HP-12-1065. Both the jeeps have been purchased by the company for the transit of its employees to and from the factory premises to their residences respectively. The intention of purchasing these vehicles was to facilitate the work at factory which is at presently running into 3 shifts. Since the factory is situated outside the city at a distant place, there is inadequate availability of transport which causes inconvenience to the employees as well as it hampers the working of the factory. Therefore, the petitioner's company for its smooth running and for the welfare scheme for its staff has purchased two jeeps and the facility is being provided to the staff free of costs and no deduction is made from their salary. Sometime there is An emergency situation in which some workers may get injured during the process of manufacturing and due to inadequate transport facility provided by the State Government, the jeeps are used to carry such injured workers to the hospital and to the desired places and this facility is again provided free of costs. The District Headquarter of the factory is at Solan, the nearest station is Pinjore which is in Haryana. So most of the time the jeeps are used in order to transit the workers from Pinjore to the factory premises. On 4th of January, 1996, Vehicle No. HP-12-1055 was checked by respondent No,. 3 and this vehicle was challaned for the reasons that it was carrying 8 passengers on hire; that the driver of the jeep was not having a driving licence and that there was no document. The vehicle was impounded Under Section 207 of the Motor Vehicles Act, 1988. At the relevant time Mr. Surinder Chaudhary, the Personnel Officer of the company was travelling in the vehicle along with other employees from Panchkula to factory premises. Respondent No. 3 forcibly got the signature of driver on certain papers and impounded the vehicle on the plea that no documents were shown. The Personnel Officer and other staff of the petitioner's company tried to convince respondent No. 3 that vehicle Used by the petitioner is for carrying its staff free of costs as a measure of welfare scheme and no other unauthorised person was travelling on hire in the said vehicle, and as such the vehicle should not be impounded. Moreover, it is a private service vehicle which is exempted from the operation of Section 66 of the Motor Vehicles Act. Respondent No. 3 had no jurisdiction to challan and impound the vehicle. The driver as well as the Personnel Officer explained with regard to the documents which were not in their possession and tried to convince respondent No. 3 that earlier the Registration Certificate of the vehicle was in possession of the Excise Authorities, Haryana vide the acknowledgement dated 29. 7. 1994 and the petitioner company filed a writ petition in the High Court and it was ordered that since no adverse order was passed against the petitioner company, therefore, the writ petition was premature. It was disposed of on 12. 8. 1994. Against the impounding of the Registration Certificate by the Excise Authority, Haryana, pertaining to the same vehicle, the petitioner has filed an application to the Excise and Taxation Officer, Haryana on 12. 8. 1994 requesting for the release of the Registration Certificate but the Excise Authorities did not release the document and did not pass any order in accordance with the law as such the petitioner was helpless as well as the driver driving the vehicle was not in a position to show the Registration Certificate. Respondent No. 3 did not honour the acknowledgement issued by the Excise Authorities. Even the driver showed the driving licence to the respondent No. 3 subsequently. On 6. 1. 1996, a request was made by the General Manager of the company to release the vehicle but to no effect. By way of abundant caution, the petitioner has also filed an appeal Under Section 214 of the Motor Vehicles Act against the arbitrary and illegal challaning the vehicle. The petitioner had been intimated by respondent No. 2 that until and unless the passenger-tax and the permit charges amounting to Rs. 10,000/- and other penalties are deposited with the Department the vehicle will not be released on the plea that permit is required for all types of vehicles in terms of section 66 of the Motor Vehicles Act. Respondent No. 2 is siting tight over the appeal and no orders have been passed. The petitioner's company is suffering loss every day as well as inconvenience is being caused to its staff. In these circumstances, the present writ petition with the above prayer.

(3.) THE parties have produced certain Annexures, in support of their claim which have also been perused by me with the assistance rendered by Shri Ashok Sharma, Advocate, appearing on behalf of the petitioner and Shri R. S. Chahar, Addl. A. G. , Haryana assisted by Shri Azad Singh, AAG, Haryana, on behalf of the respondents.