IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO :3597 of 2008 Between: Sri Irfanullah Khan, S/o. K.G. Amanullah Khan, R/o 20, Dispensary Road, Near Hotel City Tower, Kalasipalem, Bangalore-560 002. ..... PETITIONER AND 1 The Dy.Transport Commissioner & Secretary, Regional Transport Authority, Chittoor. 2 The Motor Vehicles Inspector, Palamaner, 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 a writ, order or direction particularly one in the nature of a Writ of Mandamus, declaring the action seizure of the petitioner's vehicle bearing No. KA/17B-1786 seized under vehicle Check report No. 0024588, dated 19-2-2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently, direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner: SRI B.SIVA RAMA KRISHNAIAH Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:3597 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking to declare the seizure of his vehicle bearing No.KA/17B –1786 under vehicle check report No.0024588 dated 19.2.2008 by the 2nd respondent as illegal and arbitrary and consequently, to direct the respondents to release his vehicle forthwith. The vehicle in question was seized by the 2nd respondent on 19.2.2008 for certain irregularities alleged to have been committed by the petitioner. The grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain and therefore, it is a fit case wherein the vehicle in question can be directed to be released. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. It is the case of the petitioner that during the pendency of enquiry, if the vehicle is kept idle it would be subjected to natural decay due to sun and rain and therefore, the same may be directed to be released. On the other hand, the learned Government Pleader contended that in a case of this nature, if the vehicles are released, they would be taken to the other States and numbers would be changed and therefore, it would be much difficult to proceed with the enquiry in the absence of the vehicle and hence, the writ petition is liable to be dismissed. In view of the facts and circumstances and in view of the submission made by the learned Government Pleader and in view of the fact that the vehicle was seized just before two days prior to filing of this writ petition, We feel it just and proper to direct the respondents to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order. Meanwhile, the petitioner is at liberty to file its objections, if any, before the respondents. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 21st February, 2008 Nn/Gurc. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:3597 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 21.02.2008