IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21570 of 2008 Between: ..... PETITIONER AND .....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 Counsel for the Petitioner: MR.A.VISHNU VARDHAN REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration No.AP-22/V-7238 vide VCR No. 1121240 dated 11.08.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner pending enquiry, the petitioner ﬁled this writ petition. Petitioner is the registered owner of the above said vehicle and had been operating the same as a light motor vehicle and sold it to one Mr. D.Ramesh. While so, on 11.8.2008 when the family members of S r i D.Ramesh were returning to Atchampet, the second respondent stopped and checked the vehicle and found that the vehicle was run without RC Book, there was no proof of payment of tax, without permit, apart from other irregularities and, therefore, seized the vehicle for non-production of records and kept the vehicle at Forest Check Post, Atchampet, for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. Several contentions are sought to be raised by the learned counsel for the petitioner. As can be seen from the check report, the petitioner was plying the vehicle without RC and without proof of payment tax and without permit, besides other irregularities. Above all, the driving licence was also not produced on demand Learned Government Pleader for Transport on instructions submits that the tax component is to the tune of Rs.27,720/- apart from penalty for the other irregularities. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. AP-22/V-7238 seized vide VCR No. 1121240 dated 11.08.2008, subject to the payment of Rs.27,720/- and furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari. ___________________________ Justice Ramesh Ranganathan September 30, 2008 MAS