IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 23829 of 2008 Between: Matin Ahmed Deshmukh S/o. Mr. Hnnumiya R/o. H.No.1-12, Kerameri Village & Mandal, Adilabad District. ..... PETITIONER AND 1 The Regional Transport Authority, Mancherial, Adilabad District. 2 The Motor Vehicle Inspector, Asifabad, Office at Asifabad Mandal, Adilabad District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly a Writ of Mandamus declaring the seizure on 16.10.2008 of the Petitioner's Vehicle LMV tractor bearing Registration No.AP1 U 611 by the respondents is illegal and void in the interest of justice and equity or pass any other orders Counsel for the Petitioner: MR.MOHAMMED RAHAIL AHMED Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : Form-NIC-OGS/WP{MSN} HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.23829 of 2008 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. With their consent, the writ petition is being disposed of at the admission stage. 2. This writ petition is ﬁled for issuance of writ of Mandamus to declare the seizure of the petitioner’s vehicle LMV Tractor bearing Regn. No.AP1 U 611 and Trailor bearing Regn. No.AP1 U 612, as illegal and arbitrary and consequently direct the 1st respondent to release the vehicle. 3. The petitioner has not disputed about non-payment of the tax due from July 2000 to September 2008 which comes to Rs.33,360/-, and Rs.8225/- towards compound fee. The main grievance of the petitioner is that the said vehicle is under repairable condition for the last two years. While the vehicle was taken to the garage for repairs, the Motor Vehicle Inspector seized the vehicle for non-payment of the tax. 4. The learned Government Pleader for Transport submits that petitioner’s vehicle (LMV Tractor bearing Regn. No.AP1 U 611 and Trailor bearing Regn. No.AP1 U 612) may be released subject to payment of admitted tax and compounding fees and ﬁling an undertaking that he will not alienate or transfer the vehicle till the enquiry is completed. 5. Having regard to the facts and circumstances of the case, we direct the respondents to release the vehicle in question to the interim custody of the petitioner subject to the condition of the petitioner paying a sum of Rs.33,360/- towards tax due and Rs.8,225/- towards compounding fees within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the eﬀect that he will not transfer the vehicle pending enquiry and that he will produce the vehicle as and when the same is required by the respondent— authorities in the course of enquiry. It is made clear that the release order does not preclude the authorities from proceeding with the enquiry. 6. The writ petition is accordingly disposed of. No costs. _________________________ JUSTICE A.GOPAL REDDY _____________________________ JUSTICE VILAS V. AFZULPURKAR November 04, 2008 Kvr