IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 25989 of 2008 Between: Prahlad D. S/o. Gangadhar R/o. Mannur Village, Mandal Gudihatnoor, District Adilabad. ..... PETITIONER AND 1 The Deputy Transport Commissioner cum Secretary, Regional Transport Authority, Adilabad, District Adilabad. 2 The Motor Vehicle Inspector, Asifabad, District Adilabad. .....RESPONDENT(S) 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 to issue a writ, order or direction or issue an appropirate writ, more particularly in the nature of Writ of Mandamus directing the respondents herein to release the vehicles of the petitioner herein i.e., tractor bearing regd. No. AP1D 7567 and trailer bearing Regd. No. AP 1T 6159 which were seized by the respondent No.2 under Vehicle Check Report No.0885242 dated 6.11.2008 and declare the action of the respondents in not releasing the said vehicles of petitioner is illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India, and mandatory provisions of M.V. Act & Rules and as well as A.P.M.V. Taxation Act & its Rules, and to pass Counsel for the Petitioner:MR.S.CHANDRASEKHAR Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE G.RAGHURAM AND THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.25989 OF 2008 ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) The petitioner is aggrieved by the seizure of his tractor and trailer bearing Registration Nos.AP-1D-7567 and AP-1T-6159 respectively, by the second respondent under a vehicle check report dated 06.11.2008 and he seeks release of the vehicles without having to pay the penalty amount. The petitioner is liable and is also willing to pay the tax due on the vehicles and the compounding fee. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. The learned Government Pleader for Transport states on instructions that the amount of tax due on the tractor for the period 01.04.2005 to 31.12.2008 is Rs.6,520/- and an amount of Rs.6,840/- is due on the trailer for the period 01.10.2006 to 31.12.2008. The learned Government Pleader further states that the compounding fee of Rs.7,725/- should also be paid. In the circumstances, on the petitioner paying/depositing the aforesaid amounts to the first respondent, the petitioner’s vehicles viz. tractor and trailer bearing Registration Nos.AP-1D-7567 and AP-1T-6159 respectively shall be released on his furnishing a written undertaking that the vehicles will not be disposed of or alienated till the final disposal of the assessment of the petitioner’s total liability including penalty, if any, by the first respondent. The writ petition is disposed of accordingly at the stage of admission. No costs. _________________ G.RAGHURAM, J. _________________________ P.V.SANJAY KUMAR, J. 27th November, 2008. PGS / VGSR