THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.19342 of 2010 Dated:17.08.2010 Between: Daravath Ravi .. Petitioner And The State of Andhra Pradesh rep., by its Principal secretary, Transport Department Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.19342 of 2010 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The petitioner is the owner of Toyota Qualis with Registration No.AP 36V 6949. The vehicle was checked on 01.08.2010 by the third respondent. At the time of check allegedly the proof of payment of tax for quarter ending 30.09.2010 was not produced and the fitness certificate expired on 27.05.2010. Therefore, the vehicle was seized by the second respondent under Section 207 of the Motor Vehicles Act, 1988 (MV Act) and Section 8 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (MVT Act). It appears that the owner-cum-driver of the vehicle has also agreed to pay the compounding fee. In spite of the same, as the seizure is highhanded, the present Writ Petition is filed. This Court heard the learned counsel for the petitioner. The learned Assistant Government Pleader made submissions after obtaining instructions from the respondents. Indisputably, when the vehicle is seized under Section 207 of the MV Act, the remedy is to prefer an application before the competent authority, namely, the Deputy Commissioner of Transport, Road Transport Authority, for release of the vehicle under Rule 448-B of the Motor Vehicle Rules, 1989. The petitioner has not availed the remedy. Therefore, we are not inclined to go into the merits of the case. Liberty is given to the petitioner to move an application before the second respondent for release of the vehicle, as he has already agreed to compound the contravention. As and when the application is made the second respondent may pass appropriate orders within a period of one week after receipt of the application on communication to the petitioner. The Writ Petition is accordingly disposed of. There shall be no order as to costs. _____________ V.V.S. RAO, J ___________________________ RAMESH RANGANATHAN, J 17.08.2010 Note:- Dispatch C.C. by 19.08.2010. (B/o) KH