IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21054 of 2008 Between: Vivek Public School, Nirmal, Rep. by its Correspondent G. Ramesh, S/o. G. Rajanna, Aged 37 Years, Priyadharshini Nagar, NTR Marg, Adilabad District. ..... PETITIONER AND 1 Regional Transport Officer & Secretary, Regional Transport Authority, Adilabad District. 2 Motor Vehicles Inspector, Nirmal, Adilabad 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 an appropriate Writ, order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing the detaining the petitioner's School Vehicle bearing Registration No. AP.01/T.042 pursuant to the vehicle Check Report No. 0115954, dated 24-07-2008 of the 2nd respondent herein as illegal, arbitrary and contrary to law and consequently direct the respondents herein to release the said vehicle to the petitioner herein, without insisting upon payment of any difference of tax, forthwith. Counsel for the Petitioner: SRI.C.HARI PREETH Counsel for the Respondent : GP FOR TRANSPORT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21054 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is ﬁled seeking to declare the action of the respondents in seizing the vehicle of the petitioner-school bearing Registration No.AP.01/T.1042, under vehicle check report No.0115954, dated 24.7.2008, as illegal and arbitrary and consequently, to direct the respondents to release the vehicle of the petitioner forthwith. The vehicle in question was seized by the 2nd respondent, on 24.7.2008, on the ground of certain irregularities alleged to have been committed by the petitioner. The grievance of the petitioner 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 and therefore, the petitioner approached the 1st respondent for release of the vehicle. But the 1st respondent has refused to release the same. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. While submitting on instructions that the total liability of the petitioner towards tax is Rs.18,970/-, the learned Government Pleader seeks a direction to the petitioner to pay the total amount of tax due and on such payment, the vehicle may be directed to be released. Since 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 petitioner subject to the condition of the petitioner paying the tax of Rs.18,970/- to the respondents and also on production of original documents besides furnishing an undertaking to the eﬀect that the vehicle in question would not be transferred pending enquiry and that it would be produced as and when the same is required by the authorities in the course of enquiry and investigation. It is made clear that this order does not preclude the authorities from proceeding with the regular enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 26th September, 2008 Nn/Gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No:21054 OF 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 26.9.2008