THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.8697 of 2011 ORDER: The petitioner is the owner of a heavy goods vehicle, bearing No.AP 29 V 2225. On 28.03.2011, it was seized by respondent No.2 on the ground that it was overloaded by 12,860 kgs. The petitioner challenges the check report, under which the vehicle was seized. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. In the recent past, the heavy goods vehicles are loaded in excess of their capacity leading to damage to the roads. In certain cases, the authorities are passing orders suspending the permits depending upon the extent of overload. It is not known as to whether any order of suspension of permit has been passed against the petitioner. The Motor Vehicles Act and the Rules made thereunder provide for levy of penalty to the extent of Rs.1000/- per tonne of overload. The continued seizure of the vehicle, that too, in a loaded condition would cause heavy damage to the vehicle. Hence, the writ petition is disposed of, directing that the respondents shall release the vehicle in question by collecting the overload penalty. Such collection of penalty, shall, however, be without prejudice to the rights of the respondents to take further steps in accordance with law, after release of the vehicle. The respondents shall also return the original documents pertaining to the vehicle, if taken from the petitioner, duly retaining copies thereof. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:30.03.2011 Note: Communicate operative portion of the order by wire by tomorrow at party’s costs. (B/o) md