IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9039 of 2009 Between: G.Nand Kumar, S/o. G.Damodhar, R/o. H.No.10.2.317, Vijayanagar Colony, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Hyderabad West zone, Hyderabad. 2 The Motor Vehicle Inspector, Suryapet, Nalgonda District. .....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 writ order or direction especially one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No.AP 13 9976 vide vehicle check report No.2093911 dated 07-04-2009 is illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the 1st respondent to release his vehicle. Counsel for the Petitioner: MR.CH.RAVINDER Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: This writ petition is filed for a writ of Mandamus to declare the seizure of the vehicle of the petitioner bearing registration No. AP 13 9976 under vehicle check report No.2093911 dated 7.4.2009 by the Motor Vehicle Inspector, Suryapet, Nalgonda District as arbitrary and illegal and consequently to direct the 1st respondent to release the same. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents and at their request the writ petition is taken up for disposal at the admission stage. The case of the petitioner is that when the vehicle was on work site, the same has been inspected and seized by the 2nd respondent on the ground that the documents of the vehicle were not produced and that there is no proof of tax payment. Therefore, he approached the 1st respondent, the registering authority, with all the necessary documents of the vehicle and requested him to release the vehicle. Since the said request was not acceded to, he filed this writ petition stating that the vehicle was seized without following the due procedure prescribed under law and without conducting an enquiry. The petitioner further states that if the vehicle is not released, pending enquiry, the same may be exposed to bad weather conditions and its value may be diminished. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Assistant Secretary, RTA Hyderabad, West Zone as per which the petitioner has to pay a sum of Rs.86,880/- towards the tax and penalty of Rs.1,73,760/- apart from the compounding fee. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees and on furnishing an undertaking that he shall not alienate or alter the nature of the vehicle and shall produce the same as and when required by the authorities. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. It is made clear that the amount paid shall be subject to adjustment or refund depending upon the final result of the enquiry. N.V.RAMANA,J DT.30.4.2009 Note: Furnish CC in two days (B/o) msv