IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELVETH DAY OF MAY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 11177 of 2010 Between: Dendi Padma ..... PETITIONER AND The Secretary, Regional Transport Authority, Secunderabad, Hyderabad and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11177 of 2010 O R D E R: Heard. The petitioner is the owner of the vehicle Qualis bearing No.AP- 12/G-0470. It is stated that the vehicle is being used by the family members of the petitioner alone for personal use by traveling from Karimnagar to Hyderabad. While so, on 30.04.2010 when the vehicle was carrying the relatives of the petitioner to Karimnagar on account of wedding ceremony of her sister-in-law, at 9 a.m. the 2nd respondent stopped the vehicle, inspected and seized the same on the ground that the vehicle is being used for transporting public by collecting money against RTA rules, and issued vehicle check report No.0254180, dated 30.04.2010 stating that as per statement of one of the passengers, the vehicle is carrying 10 passengers from Hyderabad to Karimnagar as contract carrier by collecting Rs.1,500/- from them. The vehicle is kept under safe custody of P.S.Thimmapur. It is stated that the 2nd respondent directed the petitioner to pay a sum of Rs.15,000/- as penalty and take the vehicle. It is stated that the petitioner has not violated any provisions of either A.P.M.V.T.Act or M.V.Act and therefore, he seeks to release of the vehicle. I am not inclined to express any opinion with regard to the averments made in the vehicle check report and the contention of the petitioner. The vehicle has been seized under the provisions of the A.P.M.V.T.Act and M.V.Act and the 2nd respondent demanded the petitioner to pay penalty of Rs.15,000/- for the contravention of the provisions of the said Act. Having regard to the facts and circumstances of the case, I am inclined to dispose of the writ petition, directing the respondents to release the vehicle Qualis bearing No.AP-12/G-0470 subject to the condition of the petitioner depositing an amount of Rs.10,000/- (Rupees ten thousand only) with the 1st respondent, which would be subject to the orders that may be passed by the 1st respondent after enquiry. The petitioner shall file an undertaking that she will not alter and alienate the vehicle in question and will attend and produce the vehicle before the 1st respondent as and when he directs during the enquiry. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 12.05.2010 Dsr