IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE SECOND DAYOF JULY TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 15100 OF 2010 Between: D.Venkatasubba Reddy …. Petitioner V/s. The Secretary, Regional Transport Authority, Kadapa district, & Anr. …. Respondents Counsel for the petitioner : Sri B.Chandrasekhar Counsel for the Respondents: GP for Transport THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.15100 of 2010 J U D G M E N T : (Per the Hon'ble Sri Justice B. Prakash Rao) The writ petition is filed seeking mandamus to declare the action of the second respondent in seizing and detaining the petitioner’s tractor/trailor bearing Regdn.No.AP-04U-5889/AP- O4U-5892 vide vehicle check report No.2468230, dated 22-6- 2010 under section 8 of A.P. Motor Vehicle Taxation Act and Section 207 of Motor Vehicles Act, as illegal, arbitrary and consequently to direct the respondents to release the vehicle forthwith to the petitioner. 2. The petitioner claims to be the owner of tractor/trailor bearing Regdn.No.AP-04U-5889/AP-O4U-5892 filed this writ petition inter alia assailing the seizure of the said vehicle under vehicle check report No. 2468230, dated 22-6-2010. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport after obtaining instructions. 4. It has been pointed by the learned Government Pleader for Transport that as per check report No.2468230, dated 22-6- 2010, the petitioner has not paid the tax of Rs.66,000/- and odd is due. 5. Taking into consideration the submissions made by the learned counsel for the petitioner, we deem it appropriate to direct the respondents to release the tractor/trailor bearing Regdn.No.AP-04U-5889/AP-O4U-5892 on condition of the petitioner paying tax component and also compounding fee and only on such payment the said vehicle should be released. However, the petitioner shall furnish undertaking that the said vehicle will be produced as and when required by the respondents during the course of enquiry and shall not alienate or diminish the value of the same. 6. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ______________________________ JUSTICE B . PRAKASH RAO _______________________________________________ JUSTICE RAMESH RANGANATHAN 02-07-2010 I s L N B: Operative portion of the order by wire at party’s costs. THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 15100 OF 2010 Judgment of the Division Bench delivered by the Hon'ble Sri Justice B. Prakash Rao) Circulation Entry No. Date: 02-07-2010 COMPUTER No. 43 Court Master: I s L