IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 20579 of 2008 Between: R. Vijaya, w/o. Venkat Reddy, R/o. H.No. 11.7258/1, Alluru Road, Godavarikhani, Ramgundam, Karimnagar District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Adilabad, Adilabad District. 2 Motor Vehicles Inspector Asifabad, Adilabad 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 an appropriate writ, order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondent in seizing and detainign the petitioners Heavy Motor Vehicle bearing Registration No AP 15 X 7244 pursuant to the Vehicle Check Report No. 0885125, dated 2-9-2008 of the 2nd respondent as illegal, arbitrary and contrary to law and consequently direct the respondents herein to release the said to the petitioner herein forthwith by accepting the tax for the present quarter ending with 30-9- 2008 and pass Counsel for the Petitioner: MR.V.BRAHMAIAH CHOWDARY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing and detaining the petitioner’s vehicle bearing Registration No.AP-15/X-7244 vide VCR No. 0885125 dated 2.09.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is registered owner of the above said vehicle and had been operating the same as a Water Tanker upto April, 2007 and thereafter stopped the same, as there was no scarcity of water in and around Singareni Collieries. On 2.9.2008, while the vehicle was proceedings from Repalliwada to Bellampalli with drinking water, the second respondent checked the vehicle and found that it was plying without proper R.C., Permit, PUC, Tax, Insurance and Driving licence. Hence, the said vehicle was seized and kept at the Police Station, Rebanna for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport on instructions submits that the petitioner has not paid the tax apart from payment of penalty for the irregularities. Since the petitioner is entitled to question the imposition of penalty for the irregularities, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. AP-15/X-7244, subject to the payment of Rs.18,500/- and furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan September 24, 2008 MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}