HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.10929 of 2010 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The petitioner filed this writ petition questioning the vehicle check report No.461702, dated 18-04-2010 in seizing his vehicle bearing No.KA39-6703 contract carriage. It is stated that the petitioner is the owner of the All India Tourist vehicle bearing No.KA39-6703 covered by All India authorized permit No.TVP/BUS-147/2008-09, valid up to 15-10-2013, issued by the State Transport Authority, Bangalore. The vehicle is having authorization to ply in A.P.State also. It is stated that the party has engaged the said vehicle on a lumpsum hire amount from Bangalore to Bidar and the party commenced their journey on 15-04-2010 and while the vehicle was going to Bihar, it met with an accident at D.Herelal Police Station limits and the police registered a case in Cr.No.32 of 2010. The Motor Vehicle Inspector, Guntakal-2nd respondent inspected the accident vehicle and issued a check report with the following irregularities:- 1. Plying without payment of A.P.State Tax. 2. Registration certificate not produced. 3. Period of validity of unauthorisation valid from 16-10-2008 to 15- 10- 2009. 4. Fitness certificate not produced. The vehicle was seized under Section 8 of A.P.M.V.T.Act and Section 207 of M.V.Act. Thereafter, the 1st respondent issued a show- cause notice on 24-04-2010 calling upon the petitioner to submit his explanation within seven days as to why a tax of Rs.1,57,480/- along with penalty double to the said amount should not be collected from him. But, no explanation is submitted by the petitioner within the stipulated time. As the vehicle pertains to the State of Karnataka and a show- cause notice was also issued, we are of the opinion that unless the proposed tax component of Rs.1,57,480/- is paid, the vehicle cannot be released. Having regard to the facts and circumstances of the case, we dispose of the writ petition directing the respondents to release the vehicle in favour of the petitioner subject to the condition of the petitioner depositing proposed tax amount of Rs.1,57,480/- and files his explanation to the show-cause notice, dated 22-04-2010, within seven days from today. He shall also file an undertaking that the vehicle will be produced before the respondents as and when required and that he will not alienate or change the nature of the vehicle, pending final orders that may be passed under A.P.M.V.T.Act and M.V.Act. No order as to costs. _________________ V. ESWARAIAH, J _________________ NOUSHAD ALI, J Date: -05-2010 Prv/Kdl