LAWS(TLNG)-2019-9-49

NERUDHA LINGHA RAO Vs. STATE OF TELANGANA

Decided On September 04, 2019
Nerudha Lingha Rao Appellant
V/S
State of Telangana Respondents

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 28 TD 2979 and is involved in the business of transportation of sand. According to petitioner, on 9.1.2017 while petitioner was transporting sand with valid permit, the Motor Vehicles Inspector of Warangal Range intercepted the vehicle on the allegation of overload of 6740 kgs and handed over the vehicle to the Deputy Transport Commissioner, Warangal. Petitioner alleges that though he filed application to the Regional Transport Authority, Medak at Sangareddy to release the vehicle under Rule 448B of the Telangana Motor Vehicles Rules, the said application was not accepted and returned without any endorsement and vehicle is not released. Petitioner fairly admits that he loaded excess quantity of sand as there was no proper weight bridge at the loading point and due to ignorance of the driver of the vehicle but same was not deliberate. This writ petition is filed challenging the seizure of the vehicle and with prayer to release the same.

(3.) On 18.1.2017 this Court granted interim direction to release the vehicle subject to fulfilment of the conditions. It appears vehicle was released in pursuant to the interim orders of this Court. Along with writ petition paper book, petitioner enclosed copy of the representation dated 10.1.2017 and photo copy of demand draft for Rs.25/- made towards prescribed fee for filing application for release of the vehicle.