IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 3854 of 2009 Between: A. Sattaiah, S/o. Chandraiah, R/o.H.No. 1-21, G. Chennaram, Kanagal (M), Nalgonda District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Nalgonda, Nalgonda District. 2 The Motor Vehicle Inspector, R.T.A. Nalgonda, Nalgonda 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 of Mandamus, or any other appropriate Writ, Order or direction, declaring the action of the Respondents in seizing the Petitioner Vehicle (Tractor & Trailor) bearing Regd. No. AP 07U-3606/3607 on 04-02-2009 vide V.C.R. No. 1942380 by the 2nd Respondent and orally rejecting the Application filed by the Petitioner on 21-02-2009 along with D.Ds for Tax and Compounding Fee, as arbitrary, illegal and further direct the Respondents to release the said vehicle to the Petitioner on receipt of the Amount for Tax of Rs. 15,600/- and for Compounding Fee of Rs. 6800/- through D.Ds, pending enquiry Counsel for the Petitioner: MR.P.VENKATA RAO Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by the learned Government Pleader for Transport appearing for the respondents. At the request of the learned advocates, the petition is finally heard today. 2. The grievance ventilated in the petition by the petitioner is with regard to seizure of tractor and trailor bearing Nos. AP 07U 3606 and 3607. 3. In pursuance of notice issued by this Court, learned Government Pleader has appeared and has submitted that tax in respect of the tractor in question has not been paid and, therefore, the tractor has been seized. It has been further submitted that a sum of Rs.15,600/- has to be paid by the petitioner by way of tax and further, a sum of Rs.6,800/- by way of compounding fees in addition to penalty of Rs.30,440/-. 4. In the circumstances, it is directed that upon payment of the amount of tax and compounding fees by the petitioner, the respondent authorities shall release the tractor and trailor. It would be open to the respondent authorities to take appropriate proceedings for imposition of penalty. The petitioner shall file an undertaking before the respondent authorities to the effect that till the penalty proceedings are completed, the tractor and trailor shall not be transferred by him to someone else. 5. In view of the above direction, the petition stands disposed of as allowed with no order as to costs. ______________________________ ANIL R. DAVE, CJ _______________________________ RAMESH RANGANATHAN, J 26th February, 2009 Note: Furnish copy by tomorrow. B/O ks