IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF AUGUST, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23279 of 2011 Between: Sri G. Dharma Reddy … Petitioner And The Joint Commissioner & Secretary, Regional Transport Authority, Khairatabad, Hyderabad & another. … Respondents Counsel for the petitioner: Sri Prakash Chakravarthy Counsel for the respondents: AGP for Transport This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23279 of 2011 ORDER:- Seizure and continued detention of vehicle bearing No.AP 01V 2932 under vehicle check report No.1258304, dated 12.08.2011 by respondent No.2, is questioned in this Writ Petition by the petitioner. A perusal of the record shows that the abovementioned vehicle was seized when it was allegedly found carrying sand and respondent No.2 in his vehicle check report has noted the following irregularities. “1. without R.C. 2. without I.C. 3. without fitness certificate. 4. without tax paid. 5. without Driving license. 6. without Form No.1. 7. without P.U.C.” The petitioner has filed this Writ Petition for release of the vehicle in question. At the hearing, the learned Assistant Government Pleader for Transport has pointed out that the petitioner has not impleaded the competent authority, namely; The Deputy Commissioner and Secretary, Regional Transport Authority, Adilabad, within whose jurisdiction the vehicle was seized and instead has impleaded the Joint Commissioner and Secretary, Regional Transport Authority, Khairtabad, as respondent No.1. He further submitted that the petitioner failed to make an application before the competent authority for release of the vehicle. In my opinion, the petitioner has to first approach the competent authority under Section 207 of the Motor Vehicles Act, 1988 read with Rule 448-B of the A.P. Motor Vehicles Rules, 1989 and if he feels aggrieved by non-release of the vehicle, he can thereafter invoke the jurisdiction of this Court. As the petitioner failed to show that he has followed this procedure, the Writ Petition is dismissed with liberty to him to approach the Deputy Commissioner and Secretary, Regional Transport Authority, Adilabad, who is the competent authority, with an application for release of the vehicle. If such an application is filed, the same shall be disposed of in accordance with law, within a period of three days from the date of receipt of the same. As a sequel to dismissal of the Writ Petition, WPMP.No.28498 of 2011 filed by the petitioner for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 18.08.2011 ES