IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVANTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 7982 of 2005 Between: T.Sambi Reddy, S/o.T.Venkat Reddy Yadagiri Nagar, Saidabad, Hyderabad. ..... PETITIONER AND 1 The Secretary Regional Transport Authority East Zone, Malakpet, Hyderabad. 2 The Motor Vehicles Inspector R.T.A.Hyderabad (Central). ..RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in seizing the petitioner vehicle bearing No.AP11 D-1292, under Section 8 and Sec.207 of A.P.M.V.T Act as arbitrary, illegal and further direct the respondents to release the said vehicle to the petitioner pending enquiry. Counsel for the Petitioner: MR.P.VENKAT RAO Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER: (Per BRSR,J) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. At their request, the writ petition itself is taken up for final disposal at the stage of admission. Issue Rule Nisi. The petitioner’s vehicle, LMV Omini, bearing No.AP 11 D/1292, which was coming from garage, was intercepted by the 2nd respondent and the following irregularities were found: “1) No proof of valid tax payment. 2. No proof of valid I.C. shown 3. No proof of valid Driving licence 4. PUCC not produced.” The vehicle was seized in purported exercise of the power under Section 8 of the A.P. Motor Vehicles Taxation Act and under Section 207 of the Motor Vehicles Act and the same was kept at the premises of R.T.A. Office, Nagole, for safe custody. The petitioner, admittedly, did not file any application seeking release of the vehicle as is required under the law, and therefore, it is not possible to grant any relief at this stage. However, the respondents are directed to dispose of the application to be submitted by the petitioner, within three days from the date of submitting such application, and pass appropriate orders in accordance with law. The writ petition is accordingly disposed of. ___________________________ B. SUDERSHAN REDDY, J. DATE: 11.04.2005 ___________________ C.V. RAMULU, J. Note: Furnish Certified Copy by 13-04-2005. (b/o) GS/TS To 1 The Secretary Regional Transport Authority East Zone, Malakpet, Hyderabad. 2 The Motor Vehicles Inspector, R.T.A.Hyderabad (Central). 3 Two CCs to the G.P. for Transport, High Court of A.P., Hyderabad (OUT) 4 Two CD copies