THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.23874 of 2011 Dated 25th August, 2011 Between: B.Lingaiah …Petitioner And The Secretary, Regional Transport Authority, Hyderabad Central Zone, Hyderabad – 500 004 and another …Respondents Counsel for the petitioner: Sri Ch.Ravinder Counsel for respondents: AGP for Transport The Court made the following: ORDER: This writ petition is filed for a mandamus to declare seizure of the petitioner’s vehicle bearing registration No.AP09 W 1054, vide vehicle check report No.3041713, dated 14.06.2011, as illegal and arbitrary. The petitioner owns seven-seator auto bearing the above-noted registration number. When the said auto was stopped and checked near Driving Testing Track at Nagole, RTA Hyderabad, the same was seized on the following alleged irregularities. “(1) As per R/C chassis No.T05039807 DOO, but physical verification of the vehicle found that chassis No.T05079923002. Hence unauthorised alteration of R/C particulars, (2) W/o tax, (3) W/o IC.” The petitioner pleaded that when he sought to file an application before respondent No.1, he refused to receive the same and therefore, he has sent the same by registered post on 04.08.2011, which was received by respondent No.1, but no order has been passed either releasing the vehicle or rejecting the petitioner’s application. The petitioner has denied the allegations contained in the vehicle check report. At the hearing, the learned Assistant Government Pleader for Transport submitted that the allegation that the petitioner has changed the chassis itself being various serious, he cannot be permitted to use the vehicle till an enquiry is held and final order is passed. I find merit in the submission of the learned Assistant Government Pleader because even though it is a mere allegation, the same being serious in nature, the petitioner cannot be permitted to ply the vehicle till completion of the enquiry. However, as pleaded by the petitioner, the continued detention of the seized vehicle will be subjected to deterioration and therefore, respondent No.1 is directed to release the seized auto to the petitioner, subject to the following conditions: (1) Respondent No.1 is permitted to retain the original registration certificate and he shall give a copy thereof to the petitioner; (2) The petitioner shall not ply the vehicle till completion of the enquiry and passing of final order by respondent No.1; (3) The petitioner shall deposit a sum of Rs.5,000/- (Rupees five thousand only) with respondent No.1 and also file an affidavit undertaking not to alienate or in any manner alter the nature of the vehicle till the completion of the enquiry and passing of final order and (4) Respondent No.1 shall complete the enquiry after giving the petitioner an opportunity of being heard and pass final order, within a period of two months from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.29267 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 25th August, 2011 Note: Issue CC in three days. (b/o) VGB