IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER 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: 25162 of 2008 Between: T. Venkat Ramana S/o. Chinna Reddy R/o. Chityal, Nirmal Mandal, Adilabad Dist. ..... PETITIONER AND 1 The Joint Transport Commissioner & Secretary Regional Transport Authority Khairtabad, Hyderabad. 2 The Dy. Commissioner of Transport Regional Transport Authority Adilabad Dist. 3 The Motor Vehicle Inspector Nirmal Adilabad Dist. .....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 to issue a writ, order or direction particularly one in the nature of a writ of Mandamus, declaring the seizure of the petitioner's vehicle bearing No. Tractor bearing No.AP 1J 3872 and trailer No.AP IC 4831 seized under vehicle check report No.0407750, Dated 11-11-2008 by the 3rd respondent as illegal, arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner:MR.D.L.PANDU Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: (PER GR, J) This writ petition is ﬁled aggrieved by the seizure of the petitioner’s Tractor bearing registration No.AP-1J-3872 and Trailer bearing registration No.AP-1C-4831 by the third respondent under a vehicle check report. The Tractor and Trailer were seized under a vehicle check report No.0407750 dated 11-11-2008 near the Bus Depot, Nirmal, on the ground that the Tractor and Trailer were unregistered, are being plied without a permit, without a Fitness Certiﬁcate and Tax Certiﬁcate, without Insurance Certiﬁcate and without a Driving Licence. The petitioner asserts that he is a poor agriculturist eking out livelihood with the help of the Tractor and Trailer; that the driver had taken the vehicle from the garage without his knowledge; and on the way the vehicle was stopped and seized. On instructions, the learned Government Pleader for Transport submits that according to the information received by him, the petitioner is liable to pay Rs.440/- towards tax for the Tractor for the quarter ending 31-12-2008; an amount of Rs.78,280/- towards the tax and penalty for the trailer; and an amount of Rs.7,625/- towards the compounding fee. With regard to the tax component on the trailer, the amount payable by the petitioner would come to Rs.39,000/- since the amount of Rs.78,280/- constitutes the quantum of tax payable plus the penalty thereon. In the facts and circumstances of this case, we deem it appropriate to direct the respondents to release the Tractor bearing registration No.AP-1J-3872 and the Trailer bearing registration No.AP-1C-4831 subject to the condition that the petitioner deposits an amount of Rs.47,000/- (Rupees forty seven thousand only) towards the component of the tax payable on the Tractor, Trailer and the compounding fee, to the Secretary, Road Transport Authority, Adilabad District, and on production of the Originals of the Fitness Certiﬁcate, Insurance Certiﬁcate and Registration Certiﬁcate. On payment of the aforesaid amount and production of the aforesaid documents along with an undertaking by the petitioner not to transfer or alienate the Tractor and Trailer pending enquiry, these shall be released. The writ petition is accordingly disposed of at the stage of admission. No order as to costs. _______________________ GODA RAGHURAM, J ________________________ P.V.SANJAY KUMAR, J 17th November 2008 Note: Office to issue copy in two days. B/o CVRK