JUNNUTHULA RAVINDER REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for petitioner, learned Government Pleader for Transport, learned Government Pleader for Industries, learned Government Pleader for Home and learned Government Pleader for Mines and Geology.

(2.) Petitioner claims to be owner of goods transport vehicle bearing registration No.AP 16 TY 4447. Petitioner alleges that his vehicle loaded with sand in Sironcha, Maharastra State, reached Warangal on 25.01.2017, and when sand was to be unloaded, 4th respondent along with his staff holding that to carry sand from out of State of Telangana, permit has to be obtained and that petitioner did not have permit to transport sand from another State, and excess quantity of sand was transported, seized documents and driver was asked to take the vehicle to the office of 2nd respondent. Accordingly, vehicle was taken to the office of 2nd respondent, where possession of the vehicle was taken and challan was given to the driver containing an amount of Rs.75,250/- i.e., Rs.50,000/- towards permit and Rs.2000/- per tonne for excess load of 12 Â 1/2 tones and Rs.250/- towards processing charges and directing him to pay the said amount for release of the vehicle. Petitioner further alleges that when he approached the office of 3rd respondent, he was asked to go before the 2nd respondent after making payment of compounding fee of Rs.1,000/- per tonne for 12 excess tones i.e., Rs.12,000/- , Rs.5000/- towards fine and then to approach the Sales Tax Officer for making payment of Rs.4000/- for release of the vehicle.

(3.) According to petitioner, he was not carrying excess load of sand. That including the weight of the lorry, the total weight of the vehicle on that date was 22 tonnes but erroneously, it was alleged that vehicle weighed 34 Â 1/2 tones. Petitioner thus, disputes the weighment of the vehicle. Petitioner further alleges that there was no authority to seize the vehicle. This writ petition is filed praying to release the vehicle.