IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.8180 of 2008 Between: G. Venkateswara Rao S/o. Gopala Krishna, R/o. Bommaluru, Gudiwada, Krishna District. ...PETITIONER AND 1 The Assistant Secretary, Regional Transport Authority, Gudiwada, Krishna District. 2 The Motor Vehicle Inspector, Flying Squad, O/o. Deputy Transport Commissioner, Nellore. ...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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in seizing the petitioner's Goods Vehicle bearing Registration No. AP 16/Y 1219 under check Report No.0724464 dt. 01.04.2008 as illegal and arbitrary and consequently direct the respondents herein to release the goods vehicle bearing registration No.AP 16/Y 1219 seized under check Report No.0724464 dt. 01.04.2008 along with the documents in favour of the petitioner. Counsel for the Petitioner: MR.S.ARIFULLAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.8180 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. The petitioner, who is the operator of the Goods Vehicle bearing registration No.AP 16 Y 1219, filed this Writ Petition, inter alia, seeking to declare the action of the second respondent in seizing his vehicle under check Report No.0724464 dated 01.04.2008 as illegal and arbitrary and for a consequential direction to the respondents to release the said vehicle along with the documents. The main contention urged on behalf of the petitioner is to the effect that he possessed the requisite documents and paid the tax of Rs.10,360/- (Rupees ten thousand three hundred and sixty only) for the quarter ending 31.03.2008 and 30.06.2008 to carry gross vehicle weight up to 41,600 kgs. Even otherwise, having regard to the decision of the learned Single Judge in Writ Petition No.16292 of 1996 dated 31.08.2001, the said weight of 41,600 kgs is permissible and the weight mentioned in this case is well within the limitation. As such, there is no violation. Hence, the Writ Petition. Having heard on either side and on perusal of the material available on record and especially taking into consideration the payment of tax and the decision of the learned Single Judge, the first respondent is directed to release the Goods Vehicle bearing registration No.AP 16 Y 1219 subject to the condition that the petitioner shall not alienate the said vehicle and produce the same as and when called upon. With the above observation, the Writ Petition is disposed of. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 16th April 2008 Note: Wire at party’s cost B/O RRB