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Narendar Bhati v. The State of Telangana

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-04-17. Narendar Bhati v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

I32s2l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 1 1633 0F 2026 Between: Narendar Bhati, S/o Shivlal Bhati, Aged about 38, yrs, Occ Business. Rl/o. H. no 1-12 Old Miyapur, Plot 204 Miyapur, Opp praghathi Enclave Miyapur, Serilingampally, Ranga Reddy, Telangana - 500049. ... PETITIONER AND 1. The State of Telangana, Represented by its principal Secretary, Transport Department, Secretariat, Hyderabad. 2. The Joint Transport Commissioner and Secretary (RTA), Office of the SRTA, Khairatabad Central Zone, Hyderabad. 3. The Deputy Transport Commissioner, Ranga Reddy District. Telangana 4. The Assistant Motor Vehicle lnspector, O/o, DTO, Mancherial, Telangana. ...

RESPONDENTS Petition under Anide 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in seizing the. Petitioners goods vehicle bearing No. TG 07 T 4220, pursuant to Vehicle Check Report No. 0152432 dated 07. 04. 2O26, as illegal, arbitrary, and unconstitutional, being violative of Article 19(1Xg) of the constitution of lndia and consequenfly direct Respondent Nos. 2 and 3 to forthwith release the said vehicle upon collection of the applicable compounding amount as prescribed under Section 2OO(1) of the Motor Vehicles Act, 1988. 1. A.

NO: 1OF 2026 '1 Petition under Section 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased It is therefore prayed that this Honourable Court may be pleased to direct the Respondents to forthwith release the Petitioners vehicle bearing No. TG 07 f 4220, pending disposal of the above writ petition, on such terms and conditions as this Honourable Court may deem fit and proper. Counsel for the Petitioner: SRI KAMPALLI UDAY KANTH Counsel for the Respondents: AGP FOR TRANSPORT The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITI ON No. 1 633 0F o26 DAT 17. o4. o26 Between: Narendar Bhati ... Petitio ne r And State of Telangana, Represented by its Principal Secretary, Transport Department, Secretariat, Hyderabad and a nother ..

,Respondents ORDER Heard Sri Kampalli Uday Kanth, learned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader for Transport appearing on behalf of the respondents. 2 ron ra r he he kin praver as u n der: 5N'l W. P. No. 11633 of 2026 "... to issue an appropriate Wrlt, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in seizing the Petitioner's goods vehicle bearing No. TG 07 f 4220, pursuant to Vehicle Check Report No. 0152432 dated 07. 04. 2026, as illegat, arbitrary, and unconstitutional, being violative of Article 19(t)(g) of the Constitution of India; and consequently direct Respondent Nos. 2 and 3 to forthwith release the said vehicle upon collection of the applicable compounding amount as prescribed under Section 200(1) of the tvlotor Vehicles Act, 1988; and pass ... " 3.

The case of the petitioner in brief as Der the avermen ts made in the affidavit filed bv the etition er in suooort of the D resent rit Petation is a s under:- The petitioner is the registered owner of the goods vehicle bearing registration No. TG07 f 4220, which possesses a valid goods carriage permit. On 07. 04. 2026 at about 01:35 p. m while the vehicle was proceeding from Jaipur towards Hyderabad carrying a fly ash load, the respondent authorities intercepted it and issued Vehicle Check Report No. 0152432 alleging overloading of 5,560 kgs based on discrepancy in recorded weight and further alleging non-production of documents such as RC, tax, PUC, Fitness certificate, permit and driving licence. Thereafter, the vehicle was detained under Section 113 of the Motor SN,] W. P. No. 11633 oF 2026 Vehicles Act, 1988 and kept police at Jaipur Station. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition. 4.

PERUSED THE REC ORD: The relevan t ortio noftheo rder of this Court d ated 27. L 1. 2O25 oa ssed in W . P. No. 36O 46 of 2025 is racte ereu n '4. In view of the aforesaid statutory provisions, ends of justice would be met if the respondents are directed to consider release of the subject vehicle forthwith to the petitioner on his fulfillment of the following conditions: 1) He shall deposit Rs. 20,000/-and an additional amount of Rs. 2,000/- per tonne of excess load; 2) He shall also pay the charges, intimated to him by the respondents, for off-loading of the excess permissible weight; 3) He shall furnish an undertaking to produce the subject vehicle as and when required to be produced before the jurisdictional I! 4 ag istrate; and 4) He shall file proof of ownership documents before the concerned Authority. S N. J W. P. No. 11633 of 2026 5. The Writ Petition is disposed of accordingly. The miscellaneous petitions pending, if any, shall also stand disposed of.

There shall be no order as to costs,, DISCU SSION AND CON CLUSION: 5. Learned counsel appearing on behalf of the petitioner submits that the issue involved in the present writ petition is squarely covered by the order of this Court dated 21 . L7. 2025 passed in W. P. No. 36046 of 2025, and hence, the petitioner in the present writ petition is also entifled for the same relief as extended to the petitioner in W. P. No. 36046 of 2025. 6. Learned Assistant Government Plea der for Aoriculture, aooeari q on behalf of resoonden does not disoute the said submission li'it ebythel ea rned n ela eafln ehalf of e r h o wever. contends that the Detitioner also has to oav the compoundin q fee amou nt as per the relevant rules in force, 7. Learned counsel aoDear inq on behalf of the oetitioner con tends that the oetitioner is readv a nd t sN'l W. P. No. 11633 or 2026 willino to Da the comooundino amoun as levied bv the resoondents herein. 8.

TAKING INTO CONSIDE TION: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Transport appearing on behalf of the respondents, c) The orders of this Court dated 27. 1L. 2O25 passed in W. P. No. 36O46 ot 2O25 (referred to and extracted above), d) The discussion and conclusion as arrived at paragraph Nos. s to 7 of the present order, The writ oetition is disoosed of in erms of the order of this Cou r t dated 27. L\. 2O25 D assed ln W. P. No. 36O46 ol 2O26 directin o the res D o nden tsto consider the reouest of t e oetitioner for release of SN,J U/. P. No. r 1633 oF 2026 the su biect vehi cle forthwith to he oetitioner on his fulfillmen t of the followino c nd itions: 1) The Detitioner shall deDosit an amount of Rs. 2O. OOO /- and an additional amount of Rs.

2, OOO/- per ton ne of excess load: 2) The npf itioner s hall ale o Dav thF ch a roes, intimated to him bv the resoondent s, for off- loadinq of the excess perm iss ible weiqhU 3) The Deti tioner shall furnish an undertakinq to Drod uce the s ubiect (, hicle as an d whpn rect utred to he rod uced h urt Magistrate; and 4) e eti n r file r f nersh i m befor h concerned AuthoriW, Mrscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. There shall be no order as to COSTS RAO SD/. S. MALLIKARJUNA A ANT REGISTRAR //TRUE COPY// CTION OFFICER To State Secretariat' Hyderabad, Department' I The Principal Secretary, Transport (RrA)' orrice of the SRrA' commissioner and Secretary , ? l:"i3[iT:nsport - Zone Hyderabad' Khairatabad Central District Telangana Ranga Reddv Transport c;;#;il";'' 3. The Deputv olo' DTo' Mancherial' Telangana' v"n]"i"' i"tp""ioi' 4. The Assistant Motor Advocate IOPUCI 5.

One CC to SRI KAMPALLI UDAY KANTH' the State of Telangana' at Hign court for GP FoR TR;G;oRf' 6. Two CCs to Hyderabad. [OUT] 7. Two CD CoPies PSK. \q-. TKS CC TODAY HIGH COURT DATED: 1710412026 ---' --- I\- - _ i-r ::-----\ i ',". ", r( -:i:\ \ ),1: \ . \ ,,1 ,\ . ,\ c _ J :. ) :, li ) ? 02[ 3 0 APR ,; it _::' ij . 1_ . ,-,, ORDER WP. No. 11633 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ee,\ cot' 1o #s"

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.