IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21725 of 2008 Between: K.Tirupathi Swamy S/o Venkateswarlu H.No.6/118/D Chimakurthi, Prakasam, Prakasam District ..... PETITIONER AND 1 The Secretary, Regional Transport Officer, Ongole, Prakasam District 2 The Motor Vehicles inspector Ongole Prakasam 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 more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 2nd respondent in seizing and detaining the petitioners Goods Carriage Vehicle bearing Reg.No.ABG-1229 Vide Vehicle Check report No.1628354 dt. 4-5-2008 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the vehicle bearing Reg.No.ABG-1229, and to grant such other relief or reliefs as this Hon'ble deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SMT.KAVITHA GOTTIPATI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration No.ABG-1229 vide VCR No. 1628354 dated 04.05.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner pending enquiry, the petitioner ﬁled this writ petition. Petitioner is the registered owner of the above said vehicle and had been operating the same as a goods carriage. On 04.05.2008 when the vehicle was proceeding from Chimakurthy, the second respondent checked the vehicle and on demand, the RC Book, PUC and FC permit was not produced. Hence, the said vehicle was seized and kept at the FC Station, Ongole for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport, on instructions submit that the petitioner is liable to pay tax as determined by the Authorities apart from the penalty for the irregularities. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. ABG-1229, subject to the payment of arrears of tax as determined by the Authorities plus Rs.10,000/- and furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari. _______________________ Justice Ramesh Ranganathan September 30, 2008 MAS.