IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH 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 : 5958 of 2008 Between: Rana Brijlal Khurana S/o. Brijlal Khurana R/o. A-1, Anmol Apartments, Kadbi Chouk, Nagpur. ..... PETITIONER AND 1 The Joint Transport Commissioner & Secretary, Regional Transport Authority, Hyderabad. 2 The Motor Vehicles Inspector, R.T.A., Hyderabad, East Zone. .....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 particularly one in the nature of writ of mandamus, declaring the seizure of the petitioner's vehcile bearing No.MH / 31CB - 8789 seized under vehicle check report No.2576131, Dated 16.02.2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner:MR.B.SIVA RAMA KRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : ORDER (per BPR, J) Heard Sri B. Siva Rama Krishnaiah, 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 stage of admission. The petitioner, who is the owner of contract carriage vehicle bearing No.MG/31CB-8789, filed this writ petition aggrieved against the seizure of the said vehicle under vehicle check report No.2576131, dated 16.02.2008, by the second respondent, on the ground that the said vehicle was carrying 40 passengers by collecting individual fares though the owner has paid tax for 21 passengers in all and the vehicle is plying in the State of Andhra Pradesh without valid permit. Having heard the learned counsel on either side and in view of the orders passed by a Division Bench of this Court in W.A.No.244 of 2008, dated 28.02.2008, and also on perusal of the entire material on record, we are of the view that as the petitioner and his vehicle belong to the other State, it would suffice in the interest of justice to direct the second respondent to release the vehicle subject to some conditions. The Writ Petition is disposed of, directing the respondents to release the vehicle bearing No.MH/31CB-8789 seized under vehicle check report No.2576131, dated 16.02.2008, by the second respondent, to the petitioner, on condition of his furnishing an undertaking to the effect that he will not ply the said vehicle within the State of Andhra Pradesh and also furnishing his correct address as well as the place where the vehicle is to be kept so as to enable the respondents to inspect the same and he shall produce the said vehicle as and when called upon by the respondents. However, it is made clear that this order shall not preclude the authorities to proceed with the enquiry of the case. There shall be no order as to costs. _________________ B. PRAKASH RAO, J ________________ C.Y.SOMAYAJULU, J Dated:19.03.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to the Government Pleader for Transport, High Court Buildings, Hyderabad. (OUT) .2.2CD copies/ Form-NIC-OGS/WP{MSN}