IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2489 of 2009 Between: Prathibha High School (English Medium),Rep.by ts Secretary and Correspondent Sri.V.Ramesh, S/o.Kishnath Sharm R/o.Godown Road,Kama Reddy Nizamabad District ..... PETITIONER AND 1 The Deputy Transport Commissioner, And Secretary Regional Transport Authority, Nizamabad 2 The Motor Vehicles Inspector, Kamareddy Check post Nizamabad 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 order or direction more particularly one in the nature of writ of mandamus declaring the seizure and detention of petitioner vehicle bearing R.No.AP 09T 5716 seized under vehicle Check Report No.0438142 dated 15.9.2008 by the 2nd respondent as arbitrary, illegal void vitiated unconstitutional without jurisdiction contrary to the mandatory provision of Motor Vehicles Act, 1988 and violative of the judgment of the Hon`ble Court in 2000(4) ALD 501 and consequently direct the respondents to release the petitioner Institution vehicle bearing R.No.AP 09T 5716 forthwith to the petitioner and grant such other necessary reliefs as this Hon`ble court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: The petitioner is an educational institution. It is its case that the institution owns a bus bearing registration No. AP 09 T 5716 having purchased the same from its erstwhile registered owner on 13.9.2008 and on the same day the empty vehicle was physically delivered to the institution by the previous registered owner and kept under stoppage in the premises of the school for the purpose of production of the vehicle for inspection by the transport authorities. While so, on 15.2.2009 the said vehicle was checked by the 2nd respondent – Motor Vehicles Inspector, Kama Reddy Check Post, Nizamabad and vide the check report dated 15.9.2008 the vehicle was seized on the ground that the vehicle was plying from Pardhipet to Kama Reddy with 15 school children without any valid documents and kept at APSRTC Bus Depot, Kamareddy for custody. Therefore, he approached the 1st respondent seeking release of the bus, in vain. Hence this writ petition. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Deputy Transport Commissioner, Ranga Reddy District as per which the Clearance Certificate was issued to the Registering Authority, Nizamabad on 24.6.2005 and that the vehicle was not yet entered into the roles of Nizamabad District for Transfer of ownership. It is also stated that the petitioner has to pay a sum of Rs.96,000/- towards the tax and penalty of Rs.1,92,000/-. It is further stated that the owner is also liable for payment of compounding fee under Section 200 of the Motor Vehilces Act for non production of valid documents. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. N.V.RAMANA,J DT.19.1.2009 Note: Furnish CC in two days (B/o) msv