IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH 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.7249 of 2008 Between: K.Narsimhulu@ Narasimha Chary S/o.K.Laximpathi, R/o.H.No.1-42 Gaganpally(V) Dharoor (M) Mahabubnagar District. ...PETITIONER AND 1 The Motor Vehicle Inspector, Unit Office, Gadwal, Mahabubnagar District. 2 The Regional Transport Authority, Mahabunbnagar District Mahabubnagar. ...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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.1 in seizing the vehicle by issuing the vehicle check Report bearing No.0606495 dt.14-11-2007 as illegal unconstitutional and has the effect of violation of Articles 14, 16 & 21 of the Constitution of India and consequently to the direct the Respondent No.1 forthwith to release the vehicle bearing No.AP 01U 3760 to the petitioner. Counsel for the Petitioner: MR.K.VENKATESH GUPTA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.7249 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Head Sri K.Venkatesh Gupta, learned counsel for the petitioner and learned Government Pleader for Transport for the respondents. At their request, the Writ Petition itself is taken up for disposal. The petitioner, who is the owner of the vehicle, Mahindra & Mahindra Commander Zeep bearing registration No.AP 01 U 3760, filed this Writ Petition, inter alia, assailing the seizure thereof vide Check Report bearing No.0606495 dated 14.11.2007. The grievance of the petitioner is that the seizure is illegal, whereas on a reading of the Check Report, it shows that the writ petitioner has not paid the tax and running the vehicle. Having regard to the pleas and questions raised in the enquiry, which was conducted by the respondents, we do not wish to go into the merits and it would suffice the interest of justice to release the vehicle subject to payment of the entire tax due. The Writ Petition is allowed directing the petitioner to pay the entire tax due within a period of two {2} weeks from today and it is only on such payment of tax, the vehicle shall be released. Further, the petitioner shall not alienate the said vehicle till the proceedings are over. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 4th April 2008 RRB