IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.26281 of 2008 Between: Katakam Bapu S/o. Ganganna R/o. Yapal Guda, Adilabad (M), Adilabad District. ..... PETITIONER AND 1 The Secretary, R.T.A., Adilabad, Adilabad District. 2 The Motor Vehicles Inspector, Adilabad, Adilabad 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 may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 2nd respondent in seizing the petitioner T/T Vehicle bearing Regd. No.AP1D.4048/AP.IT.4362 U/s. 8 of APMVT Act and Sec.207 of M.V.Act, as aritrary, illegal and further direct the respondents to release the said vehicle to the petitioner pending enquiry. Counsel for the Petitioner:MR.P.VENKATA RAO Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.26281 of 2008 ORDER: (per the Hon’ble Sri Justice Goda Raghuram) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. The writ petition is directed against the seizure of the petitioner’s Tractor and Trailer bearing registration Nos.AP1D-4048 and AP-1T-4362 respectively. The vehicle were seized on 21-11-2008 near P.S. Adilabad Rural, as when checked while proceeding from Rampur to Yapal Guda were found not having the registration certificate, proof of payment of tax, permit, Fitness certificate, insurance certificate, pollution control certificate nor the driving licence, of the driver. It is stated by the learned Government Pleader for Transport that the tax payable on the Tractor for the period from 01-07-2000 till 31-12- 2008 is Rs.10,552/- and on the Trailer for the same period is Rs.28,680/-, while the compounding fee is Rs.7,725/-. Learned Government Pleader also stated that the penalty for the violations leviable on the Tractor is Rs.20,664/- and Rs.56,600/- for the Trailer. The vehicle had been detained on 21-11-2008 and continues to be under the custody of the 1st respondent. In the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to cause release of the Tractor and Trailer bearing registration Nos.AP1D.4048 and AP-1T- 4362 respectively on the petitioner depositing with the 1st respondent an amount of Rs.46,957/-, comprising an amount of Rs.10,552/- and 28,680/- towards tax for the Tractor and Trailer respectively and an amount of Rs.7,725/- towards compounding fee. The liability of the petitioner to pay the penalty on the Tractor and Trailer would await the final determination of the matter by the 1st respondent. The petitioner apart from depositing the amount of Rs.46,957/- stated above, shall also furnish an undertaking to the 1st respondent not to alienate the vehicles pending final determination of the liability and to produce the vehicle as and when required by the 1st respondent. The writ petition is accordingly disposed of at the stage of admission. There shall be no order as to costs. ____________________ GODA RAGHURAM, J _____________________ P.V.SANJAY KUMAR, J Date: 11-12-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}