IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 9670 of 2008 Between: Bhanu Prasad Koneru s/o. K.Venkateswara Rao R/o. 5-6-228/9, Aghapura, Hyd. ..... PETITIONER AND 1 The Asst. Secreatary, Regional Transport Authority ( Central Khairtabad, Hyd. 2 The Asst. Motor Vehicle Inspector, A.P.Transport Department Check Post , New Paloncha, Khammam Dist. .....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 order or direction particularly one in the nature of a writ of Mandamus, declaring the seized of the petitioner's vehicle bearing No. AP/9W-5535 seized under vehicle check report No. 0067605, dated 25.4.2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner:MR.B.SIVA RAMA KRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : ORDER (per BPR, J) Heard Sri B. Siva Rama Krishnaiah, learned counsel for the petitioner and the learned Government Pleader for Transport, and at their request, the writ petition itself is taken up for disposal at the stage of admission. The petitioner’s motor vehicle bearing No. AP/9W-5535, was seized by the second respondent on 25.04.2008 vide Vehicle Check Report No. 0067605, for certain irregularities pointed out in the said vehicle check report. The seizure was affected under Section 207 of the Motor Vehicles Act. The grievance of the petitioner is that the respondents have not yet released the vehicle. Since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would only get damaged, the writ petition is disposed of directing the respondents to release the subject motor vehicle forthwith to the interim custody of the petitioner subject to the petitioner depositing Rs.10,000/- (Rupees ten thousand only) and on filing an undertaking 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. No order as to costs. With these directions, the Writ Petition is disposed of. No costs. _________________ B. PRAKASH RAO, J ________________ C.Y.SOMAYAJULU, J Dated:29.04.2008 Note:CC by wire at party’s costs. (Bo) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to the Government Pleader for Transport, High Court Buildings, Hyderabad. (OUT) .2.2CD copies/ Form-NIC-OGS/WP{MSN}