IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15639 of 2008 Between: M.Saidulu S/o. M.Bala Narayana R/o. 18-13-7/5/162/A, New Indiranagar, Chandrayanagutta, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Hyderabad South Zone, at Bahadurpura, Hyderabad. 2 The Motor Vehicle Inspector, Shadnagar, Mahabubnagar 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 an appropriate writ, declaring the action of the 2nd respondent in seizing the petitioner's vehicle bearing registration No.AP- 12-U-5069 vide vehicle check report No. 0877052, dt: 15.07.2008 under Section 8 of Andhra Pradesh, Motor Vehicle Taxation Act and 207 M.V.Act as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to release the vehicle bearing Registration No.AP-12-U-5069 forthwith to the petitioner, in the interest of justice and grant such other relief and reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.B.CHANDRA SHEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 15639 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) The present writ petition has been filed challenging the action of the 2nd respondent in seizing the petitioner’s vehicle bearing registration No. AP-12-U-5069 on 15.7.2008 and seeking consequential release of the vehicle. Heard learned counsel for the petitioner and the learned Government Pleader for Transport. The petitioner’s vehicle was seized on 15.7.2008 while it was proceeding from Kurnool to Hyderabad with load of sand and found that it was overloaded, it was plying without valid permit and the petitioner has not paid the tax for the quarter ending 30.6.2008. The said vehicle was said to have been seized under Section 8 of the Motor Vehicle Taxation Act and Section 207 of the Motor Vehicles Act. The learned Government Pleader for Transport has submitted, on instructions, that admitted tax of Rs.9,900/- and penalty of Rs.16,500/-, total amount of Rs.26,400/- was due from the petitioner and an enquiry is pending in this regard. Under the above circumstances, the vehicle bearing registration No. AP-12-U-5069 shall be released in favour of the petitioner subject to payment of Rs.26,400/- (Rupees Twenty Six Thousand and Four Hundred only). The petitioner shall file an undertaking before the respondents- authorities that he shall not transfer, alienate or create third party in the vehicle or change the nature of the vehicle and he shall produce the vehicle before concerned authorities as and when required. However, this order will not preclude the respondents from conducting the regular enquiry. The writ petition is disposed of accordingly. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.22.7.2008 NB: Operative Portion by wire at party’s costs. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Regional Transport Authority, Hyderabad South Zone, at Bahadurpura, Hyderabad. 2 The Motor Vehicle Inspector, Shadnagar, Mahabubnagar District. 3. 2 CCs to GP for Transport 4. 2 CD copies Form-NIC-OGS/WP{KSRANI}