IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE HON''BLE MR JUSTICEM.H.S. ANSARI and THE HON'BLE MR JUSTICE T.CH.SURYA RAO WRIT PETITION NO : 23059 of 2004 Between: Jami Das, S/o Appanna, R/o D.No. 36-53-16, Kothavada Veedhi Reddy Kancharapalem,Kancharapalem, Visakhapatnam. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Visakhapatnam. 2 The Motor Vehicles Inspector, Renigunta Check Post, Renigunta, Chittoor 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 writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in not releasing the vehicle bearing No. AP-31/W-4162 as illegal arbitrary and consequently direct the respondents to release the vehicle bearing Regd.No. AP-31/W-4162 to the petitioner and pass such other or further orders. Counsel for the Petitioner:MR.TADDI.NAGESWARA RAO Counsel for the Respondents 1 and 2: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE MH.S.ANSARI AND THE HON’BLE SRI JUSTICE T.CH.SURYA RAO WRIT PETITION NO.23059 OF 2004 O R D E R: (PER MH.S.A.J) Heard the learned counsel for the respective parties. Keeping in view the nature of controversy involved in the instant writ petition, we are inclined to dispose of the instant writ petition at this stage, with certain appropriate directions. The petitioner had earlier approached this Court by filing writ petition No.21023 of 2004 against the seizure of the vehicle bearing No.31/W/4162. That writ petition was disposed of by an order, dated 22.11.2004, directing the petitioner to file an application before the 1st respondent for releasing the vehicle. In furtherance of or in purported compliance of the said directions, an application was made and after a show cause notice issued to the petitioner, the Regional Transport Officer disposed of the matter rejecting the request to release the vehicle and by the impugned order, it levied and demanded tax and penalty amounting to Rs.27,000/-. Tax demanded is Rs.10,800/- for the quarter ending of September 2004 and December 2004. Our attention also has been drawn to the provisions of Section 12(a) of the Andhra Pradesh Motor Vehicles Taxation Act, 1963, whereunder, appeal is provided to a person aggrieved by an order of levy made under Section ‘6’ of the Act. In such a view of the matter, we dispose of the instant writ petition directing interim custody of the vehicle in question to be given to the petitioner, subject to the petitioner depositing the tax amount of Rs.10,800/- and undertaking in writing to the 1st respondent that the petitioner shall not transfer/encumber, charge or otherwise part with the possession of the vehicle in question and shall produce the same whenever it may be so required by the authorities, pending disposal of the appeal under Section 12(a) of the Act. As the petitioner has an efficacious remedy of appeal against the order of levying penalty, it is open to the petitioner to prefer an appeal against the same, within the period stipulated. In default, it shall be open to the respondent authorities to recover the penalty in accordance with law. If the petitioner deposits a sum of Rs.10,800/- towards tax and further if the petitioner prefers an appeal within the time provided under Section 12(a) of the Act, with regard to the penalty, the demand as regards penalty shall be stayed pending disposal of the appeal. With the directions as above, the writ petition accordingly stands disposed of. No costs. ______________ MH.S.ANSARI.J _______________ T.CH.SURYA RAO.J 13.12.2004 c.c.tomorrow B/o tjs ASSISTANT REGISTRAR To 1. The Secretary, Regional Transport Authority, Visakhapatnam 2. The Motor Vehicles Inspector, Renigunta Check Post, Renigunta, Chittor District. 3. 2CCs to the G.P. for Transport( OUT). 4. 2CD copies.