IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12881 of 2008 Between: 1 D. Narasimha Reddy S/o. D. Lakshma Reddy R/o. 49-190-76, NTR Nagar, Hyderabad. 2 V. Sri Ranga Rao, S/o. Late Krishna Rao R/o. H.No.1-8-724/4/A, Padma Colony, Nallakunta, Hyderabad. ..... PETITIONERS AND 1 The Motor Vehicle Inspector Regional Transport Authority (East), Ranga Reddy District at Uppal. 2 The Regional Transport Officer, Ranga Reddy District, Hyderabad East. .....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 or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing Check Report No.0529220 dt. 02.06.2008 seizing the tractor bearing chasis No.914513117982 Engine No.B29944 and Trailor No. AP 29-A 4018 (AP-29-4018) as illegal, improper, arbitrary, unreasonable and set aside the same and further direct the respondent authorities to release the tractor and the trailor forthwith. Counsel for the Petitioner:MR.V.MADHUSUDANA RAO Counsel for the Respondent No.: 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:12881 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the seizure of t h e petitioners' tractor bearing chasis No.914513117982 Engine No.B29944 and Trailor No. AP 29-A 4018 (AP-29-4018) as illegal and arbitrary and consequently, to direct the respondents to release the vehicle. The main grievance of the petitioners 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 petitioners and the learned Government Pleader for Transport. The learned G.P on instructions submitted that the vehicle has been found travelling without any valid documents and without any proof of payment of tax and therefore, the vehicle may be directed to be released on payment of the tax. We see some force in the contention of the learned Government Pleader. In view of the fact that 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 petitioners subject to the condition of the petitioners paying Rs.6,760/-, within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the effect that they would not transfer the vehicle pending enquiry and that they would produce the vehicle as and when the same is required by the respondents-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: 23rd June, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12881 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 23.6.2008