IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 200 of 2009 Between: V. Venkatesh S/o. Sailu R/o. Bandamure (V) Manchal Mandal, R.R. District. ..... PETITIONER AND 1 The Regional Transport Authority R.R. District at Attapur. 2 The Regional Transport Officer Ibrahimpatnam, R.R. 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 to issue an appropriate writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents iln imposing the fine to the tune of more then 200% of the actual tax amount as well as in not accepting to receive the actual tax for release of the petitioner's vehicle as illegal, improper unjust, against to the natural justice and consequently direct the respondents to release his seized Trailer vide Registration No. AP- 29/U6672 to hime forthwith by accepting the original tax due from him and pass such other order or orders as are deemed fit and proper in the interest of justice. Counsel for the Petitioner:MR.MALLUKAPOTHAM REDDY Counsel for the Respondent No.: GP FOR TRANSPORT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 200 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Petitioner is the owner of the Light Motor Vehicle trailer bearing No.AP-29/U-6672. The said vehicle has been checked and seized, vide vehicle check report No.2034297 dated 22.10.2008, on the ground that the petitioner was plying the vehicle without paying tax and without having permit, registration and driving licence. It is stated that the petitioner made a representation to the first respondent for release of the vehicle and the same has not been considered and disposed of till date. It is further stated that the respondents are demanding to pay tax without passing any orders under the provisions of the Motor Vehicles Act. We are not inclined to express any opinion with regard to the merits of the case. Having regard to the facts and circumstances of the case, as and when the vehicle is seized under Section 207 of the Motor Vehicles Act read with Section 8 of the A.P.M.V.Act, it is for the concerned authority to pass orders. In the circumstances, we are of the opinion that it would be just and proper to grant interim custody of the vehicle on condition of the petitioner depositing Rs.50,000/- (rupees fifty thousand only) to the credit of the second respondent pending enquiry under the A.P.M.V.T Act and Motor Vehicles Act. The petitioner shall produce the registration certificate, fitness certificate, permit and driving licence and he shall also give an undertaking to the effect that he will not alienate the vehicle to the third parties and change the nature of the vehicle and shall produce the same as and when required by the competent authorities. The writ petition is accordingly disposed of. ________________ D.S.R.VARMA,J __________________ V.ESWARAIAH,J Dt:07.01.2008 Usd/va