IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6029 of 2008 Between: V.Anandam S/o.Anjaiah R/o.1-6-64/C Market Road Karimnagar Karimnagar Dist ..... PETITIONER AND 1 The Secretary Regional Transport Autbority Karimnagar Karimnagar Dist 2 The Motor Vehicles Inspector Unit Office Jagitya Karimnagar Dist ..... 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the petitioner vehicle bearing Registration No.AP-15-V-1555 vide 2nd respondent’s Vehicle Check Report No.0425323 Dt.14-03-2008 as illegal arbitrary unjust and unreasonable and consequently direct the respondents to release the said vehicle forthwith to the petitioner herein. Counsel for the Petitioner: SMT.M.VINOBHA DEVI Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER (Per the Hon’ble Sri Justice B. Prakash Rao): Heard the learned counsel for the petitioner and the learned Government Pleader for Transport and at their request, the writ petition itself is taken up for disposal at the admission stage. 2) This writ petition is filed declaring the action of the respondents in seizing the petitioner’s vehicle bearing Registration No.AP-15-V- 1555 vide Check Report No.0425323, dated 14.03.2008 by the second respondent as illegal and arbitrary. 3) Though several contentions have been raised on behalf of the petitioner, at the first instance, the same can be urged before the first respondent-Regional Transport Authority and it is for the respondents to conduct an enquiry with regard to the permit of the vehicle and tax liability due to the respondent department and no such enquiry is conducted by the respondents so far. 4) Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to release the vehicle in question on condition of the petitioner paying tax due as on today within a period of four weeks from today. It is needless to mention that only after payment of tax due to the respondent department, the vehicle in question shall be released. Thereafter, the respondents shall conduct an enquiry as to the other liabilities i.e., penalty etc., in accordance with law. No order as to costs. _________________ B. PRAKASH RAO, J _______________ C.Y. SOMAYAJULU, J Date: 24.03.2008 Note: Issue CC in two days. (B/o.) Isn ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary Regional Transport Autbority Karimnagar Karimnagar Dist 2 The Motor Vehicles Inspector Unit Office Jagitya Karimnagar Dist. 3. 2 CCs to G.P. for Transport 4. 2 CD copies