IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16888 of 2008 Between: T. Thirupathaiah S/o. Narasaiah R./o. Gujja, Narayanapur Mandal, Nalgonda District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority Nandigama, Krishna District. 2 The Deputy Transport Commissioner, Nalgonda, Nalgonda District. .....RESPONDENTS 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 or order or direction more particularly in the nature of writ of Mandamus declaring the action of the respondents insisting to pay the tax and seized tractor and trolley vehicle bearing No. AAL 4706 and 4707 vide vehicle check report No. 2836288 dt. 11-7-2008 as illegal, arbitrary, violation of Principles of natural justice and Article 19(1)(G) of Constitution of India and consequently direct the respondent to release Petitioner's Tractor and Trolley bearing No. 4706 and 4707 without insisting tax and pass such orders as it may deem fit and just. Counsel for the Petitioner: MR.K.VENKATESWARLU Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondents in insisting to pay the tax and in seizing the petitioner’s tractor and trolley bearing Registration No. AAL 4706 and 4707 vide VCR No. 2836288 dated 11.07.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is registered owner of the above said vehicle and had been operating the same for agricultural purposes. While so, on 11.7.2008 when the vehicle was going on agricultural work by taking agricultural coolies near Sharemohamamdpet, the second respondent checked the vehicle and since R.C. was not produced, there was no payment of tax and the driver did not produce the driving licence, the same was seized vide VCR No. 2836288 dated 11.7.2008 and kept at the Police Station for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned counsel for the petitioner submitted that the vehicle is sufficiently old one and it is worth not more than Rs.30,000/-. He further contends that the entire family is dependant on the income derived from out of the said vehicle and, therefore, if it is not released, the family may suffer irreparable loss. He also contends that bringing these facts to the notice of the respondents, the petitioner submitted representation dated 21.7.2008 to the second respondent and, therefore, the second respondent may be directed to dispose the same. The learned Government Pleader for Transport submits that the petitioner is liable to pay the tax and penalty for the irregularities and, therefore, the vehicle cannot be released without payment of the amount raised in the demand notice. Without adverting to the merits or otherwise of the contentions since the petitioner is entitled to question the imposition of penalty, having regard to these facts and since enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it expedient to direct the second respondent to consider the representation submitted by the petitioner dated 21.7.2008 and dispose of the same, in accordance with law. With this direction, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan August 5, 2008 MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}