IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14966 of 2008 Between: S. Rajendhar Reddy, S/o. Prabhakar Reddy, R/o. 1-3-253, Kawadi Guda, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Tranport Authority, Hyderabad Central Zone, Hyderabad. 2 The Motor Vehicle Inspector, Chilakaluri Pet, Guntur 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 09ac-6150 vide check report No. 2932661 dated 18-6-2008 is illegal, arbitrary and violative of Article 19 (1) (g) of the constitution of India and consequently direct the respondent to release his vehicle. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondent : GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:14966 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the seizure of the petitioner's vehicle bearing No. AP 09 AC-6150 vide check report No.2932661 dated 18-6-2008 as illegal, arbitrary and violative of Article 19 (1) (G) of the Constitution of India and consequently, to direct the respondents to release his vehicle. The vehicle in question was seized on 18.6.2008 on the ground that the proof of vehicle registration, payment of tax and driving licence were not produced. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. While submitting on instructions that the petitioner has to pay an amount of Rs.49,000/- towards tax due, the learned Government Pleader seeks a direction to the petitioner to pay the total amount due and on such payment, the vehicle may be directed to be released. We see some force in the contention of the learned Government Pleader. Under these circumstances and since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, We feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.49,000/- towards tax due, within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the effect that he would not transfer the vehicle pending enquiry and that he would produce the vehicle as and when the same is required by the respondent-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 11th July, 2008 Nn. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14966 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 11.7.2008