IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 615 of 2009 Between: G. Chandra Shekar Reddy S/o. G. Dharmodhara Reddy R/o. 1-1/6, Gaddiannaram, Dilsukhnagar, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary Regional Transport Authority R. R. District (East) at Uppal. 2 The Motor Vehicle Inspector Unit Office Pebbair, Mahaboobnagar 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 a Writ, order, direction especially one in the nature of Writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. AP 31 TT 1644 vide vehicle check report No.0606081 dated 22-12-2008 is illegal, arbitrary, and violative of Article 19 (1) (g) of the Constitution of India and consequently direct the 1st respondent to release the Petitioner's vehicle. Counsel for the Petitioner: MR.CH.RAVINDER Counsel for the Respondents: GP FOR TRANSPORT The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.615 of 2009 Order: This writ petition is filed for a writ of Mandamus to declare seizure of goods vehicle of the petitioner bearing No.AP31TT 1644 under Vehicle Check Report No.0606081, dated 22.12.2008, by the Motor Vehicle Inspector, Pebbair, Mahaboobnagar District as illegal and to direct the respondents 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 main contention of the petitioner is that on 22.12.2008 while his goods vehicle was proceeding with a load of sand, the same was seized under Vehicle Check Report No.0606081 by the Motor Vehicle Inspector, Pebbair, on the alleged ground that the actual weight of the vehicle laden with sand exceeded the permitted weight by 7,680 kgs, apart from other grounds, without following the procedure prescribed under law and without conducting any 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, on instructions, submits that as the actual weight of the vehicle of the petitioner exceeded the permitted weight, the petitioner has to pay the compounding fee of Rs.14,325/-, pending enquiry. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner, pending enquiry, on his depositing half of the compounding fee i.e., Rs.7,150/- (Rupees seven thousand one hundred and fifty only) 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. However, it is made clear that the amount paid shall be subject to adjustment or refund, depending upon the final result of the enquiry. No costs. ___________________ N.V. RAMANA, J. Date: 22.01.2009 Note: Issue CC by tomorrow. (b/O) VGB