HONOURABLE SRI JUSTICE L. NARASIMHA REDDY
WRIT PETITION No.40356 of 2012
ORDER:
Petitioner is the owner of a heavy goods vehicle bearing No.
AP 05 Y 5189. On 26-12-2012, it was seized by the 2nd respondent
on the ground that it was overloaded by about 5,970 kgs. The
petitioner challenges the check report, under which the vehicle was
seized.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader for Transport.
3. In the recent past, the heavy goods vehicles are loaded in
excess of their capacity leading to damage to the roads. In certain
cases, the authorities are passing orders suspending the permits
depending upon the extent of overload. It is not known as to
whether any order of suspension of permit has been passed
against the petitioner.
4. The Motor Vehicles Act and the Rules made thereunder
provide for levy of penalty to the extent of Rs.1000/- per tonne of
overload. The continued seizure of the vehicle that too in a loaded
condition would cause heavy damage to the vehicle. At the same
time, the greed of the owners of the vehicles cannot be permitted to
damage and spoil the roads on account of undue overload. While
in inadvertent overload to an extent of 15% can be condoned by
collecting the penalty at the rate of Rs.1,000/- per tonne, any
overload exceeding that must be penalised through levy of double
the amount.
5. Hence, the writ petition is disposed of, directing that the
respondents shall release the vehicle in question by collecting the
penalty of Rs.1,000/- per tonne for overload up to an extent of 15%
of the maximum carrying capacity of the vehicle as entered in
Registration Certificate and at the rate of Rs.2,000/- per tonne for
any overload in excess of 15% of such capacity. The respondents
shall return the original documents pertaining to the vehicle, if taken
from the petitioner, duly retaining copies thereof. There shall be no
order as to costs.
6. Registry shall circulate a copy of this order to all the
Courts of Judicial Magistrate of First Class in the State, so that they
shall take this into account while passing any orders in relation to
seizure of vehicles on the grounds of overload.
7. The miscellaneous petition filed in this writ petition shall
also stand disposed of.
_____________________
L. NARASIMHA REDDY, J.
December 31, 2012.
Note:
Issue CC in two days.
B/O.
KTL
WRIT PETITION No.40356 of 2012
ORDER:
Petitioner is the owner of a heavy goods vehicle bearing No.
AP 05 Y 5189. On 26-12-2012, it was seized by the 2nd respondent
on the ground that it was overloaded by about 5,970 kgs. The
petitioner challenges the check report, under which the vehicle was
seized.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader for Transport.
3. In the recent past, the heavy goods vehicles are loaded in
excess of their capacity leading to damage to the roads. In certain
cases, the authorities are passing orders suspending the permits
depending upon the extent of overload. It is not known as to
whether any order of suspension of permit has been passed
against the petitioner.
4. The Motor Vehicles Act and the Rules made thereunder
provide for levy of penalty to the extent of Rs.1000/- per tonne of
overload. The continued seizure of the vehicle that too in a loaded
condition would cause heavy damage to the vehicle. At the same
time, the greed of the owners of the vehicles cannot be permitted to
damage and spoil the roads on account of undue overload. While
in inadvertent overload to an extent of 15% can be condoned by
collecting the penalty at the rate of Rs.1,000/- per tonne, any
overload exceeding that must be penalised through levy of double
the amount.
5. Hence, the writ petition is disposed of, directing that the
respondents shall release the vehicle in question by collecting the
penalty of Rs.1,000/- per tonne for overload up to an extent of 15%
of the maximum carrying capacity of the vehicle as entered in
Registration Certificate and at the rate of Rs.2,000/- per tonne for
any overload in excess of 15% of such capacity. The respondents
shall return the original documents pertaining to the vehicle, if taken
from the petitioner, duly retaining copies thereof. There shall be no
order as to costs.
6. Registry shall circulate a copy of this order to all the
Courts of Judicial Magistrate of First Class in the State, so that they
shall take this into account while passing any orders in relation to
seizure of vehicles on the grounds of overload.
7. The miscellaneous petition filed in this writ petition shall
also stand disposed of.
_____________________
L. NARASIMHA REDDY, J.
December 31, 2012.
Note:
Issue CC in two days.
B/O.
KTL
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