HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14129 of 2011 Date: 18.05.2011 Between : M/s. Sahay Constructions, Secunderabad, Rep.by its Managing Director Smt. Rani Xavier. … Petitioner and The Government of Andhra Pradesh, Rep.by its Principal Secretary, Transport Department, Secretariat, Secretariat Building, Hyderabad, others. … Respondents HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14129 of 2011 ORAL ORDER : The action of respondent Nos.2 and 3 in seizing the petitioner’s vehicle-JCB Loader bearing Chasis No.1201638 and Engine No.ZPEM 071562 is questioned in this writ petition, as being arbitrary, illegal and without jurisdiction and a consequential direction is sought to the respondents to release the said vehicle, forthwith, to the petitioner. 2. Sri E. Maruthi Raja, learned counsel for the petitioner would question the action of the 3rd respondent in seizing the vehicle on several grounds, including on the ground that the vehicle in question is not a motor vehicle under the provisions of the Motor Vehicles Act, 1988 (for brevity “the Act”). The learned counsel would rely on a circular of the Commissioner in this regard. 3. I do not, however, consider it appropriate to examine any of these contentions on merits, since the petitioner has an effective remedy of seeking release of the vehicle-JCB Loader bearing Chasis No.1201638 and Engine No.ZPEM 071562 under Section 207 (2) of the Act read with Rule 448-B of the A.P. Motor Vehicle Rules, 1989 (for brevity “the Rules”). 4. The learned Government Pleader for Transport would submit that the authority competent to pass order under Section 207 (2) of the Act read with Rule 448-B of the Rules, in the present case, is the Transport Commissioner. 5. Sri E. Maruthi Raja, learned counsel would submit that while the petitioner has already submitted a representation to the authorities concerned, it would submit a representation to the Transport Commissioner also. 6. Therefore, I consider it appropriate to dispose of the writ petition permitting the petitioner to submit an application along with the prescribed fee to the Transport Commissioner within two days from today. On such application being filed, the Transport Commissioner shall examine the same on merits and pass appropriate orders in accordance with law, within a period of one week thereafter. 7. The writ petition stands disposed of accordingly. No costs. ____________________________________ JUSTICE RAMESH RANGANATHAN 18.05.2011. NOTE:- Issue C.C. in three days. (B/O) Msr/Smr HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14129 of 2011 18.05.2011 Msr/Smr