THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 9762 of 2010 ORDER: (Per the Hon’ble Smt. Justice T. Meena Kumari) The writ petition is filed seeking a writ of Mandamus, declaring the seizure and continued detention of petitioner’s LMV un-registered Trailer bearing chassis No. M T T W 50/03-08 seized by the 2nd respondent under vehicle check report No. 030625 dated. 25-8-2009 is arbitrary, illegal and consequently to direct the respondents to release the petitioner’s vehicle without insisting for payment of tax. It is stated in the affidavit filed in support of the petition that petitioner is an agriculturist and purchased an agricultural Tractor bearing R.No. AP27C8971 in the month of August 1998 for consideration and he also purchased an unregistered Trailer bearing Chassis No. MTTW 50/03-08 from one R Mallikarjuna Naidu. It is also stated that on 25-8-2009 while he was proceeding to the office of 1st respondent for reporting the aforementioned fact and to get the same registered in his name, his tractor-trailer was stopped and checked by the 2nd respondent and the 2nd respondent prepared a check report dated. 25-8-2009 alleging that I was using the same for transportation of sand carriage bags without valid documents and obtained the signature of the driver of vehicle and seized and detained the vehicle. It is also stated that he approached the 1st respondent for release of his vehicle and when 1st respondent refused to release the vehicle, without prejudice to his rights, he also paid an amount of Rs.7885/- towards tax and penalty and a sum of Rs. 4,215/- towards compounding fee, but the first respondent instead of directing release of Tractor and un-registered trailer that was seized, issued proceedings dated. 25-9-2009 directing the 2nd respondent to release only tractor and detained Trailer until further orders on the ground that the trailer is unregistered on the rolls of 1st respondent. It is also stated that the check report is false and not true and when he approached the 1st respondent for release of the vehicle, the 1st respondent refused to release the same. Hence, the writ petition. When the matter came up for hearing, learned counsel for the petitioner submits that the vehicle check report is not true and is falsely reported that petitioner is using the same for transportation and that the vehicle should not be detained on the ground of contravention of permit. Hence, the seizure and detention of un-registered trailer of the petition is unwarranted and the same has to be released without insisting for any payment of tax. 4. On the other hand, learned Government Pleader submits that the vehicle check report dated 25-8-2009 of the authorities goes to show that the vehicle is used for transportation of sand bags instead cultivation and hence the petitioner is liable to pay the penalty as demanded by the respondents. 5. Heard both the counsel and perused the material available on record. In view of the facts and circumstances of the case and also taking into consideration the submissions made by both the counsel, we feel it would suffice if a direction be given to the respondents to release the vehicle in question subject to condition of petitioner’s depositing Rs.5,000/- (Rupees five thousand only). 6. The Writ petition is disposed of with a direction to the 1st respondent for the release of the seized vehicle LMV un-registered Trailer bearing chassis No. MTTW 50/03-08 relating to the petitioner herein, on his depositing Rs.5000/- (Rupees five thousand). It is also directed that the petitioner shall produce the vehicle as and when required by the respondents and he shall undertake that he will not alienate the vehicle in question pending enquiry by the respondents. We also make it clear that this order will not preclude the respondents- authorities from conducting any regular enquiry in this regard. ______________________________ JUSTICE T. MEENA KUMARI _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 27/4/2010 Kvrk/rkk THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 9762 of 2010 (Order of the Division Bench delivered by Hon’ble Smt. Justice T Meenakumari) 27th April 2010