IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14559 of 2008 Between: B. Noorjahan W/o. B. Basheer Ahmed R/o. 19-302, Rameswarampet, Proddatur, Kadapa District. ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Kadapa. 2 The Motor Vehicle Inspector, Proddatur, Kadapa 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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in seizing the petitioner's vehicle bearing registration No. TN 23/N 0306 seized under check report No.2881778 dated 01.07.2008 is illegal and arbitrary and consequently direct the respondents to release the vehicle bearing registration No.TN 23/N 0306 seized under check report No.2881778 dated 01.07.2008 in favour of the petitioner. Counsel for the Petitioner:MR.S.ARIFULLAH Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:14559 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the 2nd respondent in seizing the petitioner's vehicle bearing No. TN 23/N 0306 seized under check report No.2881778 dated 01.07.2008 is illegal and arbitrary and consequently, to direct the respondents to release the vehicle in question. The vehicle in question was seized on 1.7.2008 on the ground that the vehicle was plied in an unauthorized route, without permit and payment of tax. The main 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. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. The learned Government Pleader submitted that the vehicle may be directed to be released subject to payment of Rs.10,000/- by the petitioner. In the circumstances of the case and since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, We feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.10,000/- (Rupees Ten Thousand only), within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the effect that she would not transfer the vehicle pending enquiry and that she would produce the vehicle as and when the same is required by the respondent-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 9th July, 2008 Note: Communicate by wire At party’s costs (BO) Nn. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14559 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 09.7.2008