IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15011 of 2008 Between: Abdul Sayeed, S/o. Abdul Samad, bearing No. AP 01 T- 7888, r/o. H.No. 1-7-20, Khanapur Locality, Adilabad District. ..... PETITIONER AND 1 The Deputy Transport Commissioner cum Secretary, Regional Transport Authority, Adilabad District, Adilabad. 2 The Motor Vehicle Inspector, Adilabad District, Adilabad. .....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 a writ order or direction or issue an appropriate writ, more particularly in the nature of writ of mandamus, directing the respondents herein to release the vehicle of the petitioner (Auto rickshaw) herein bearing Regd.No. AP 01 T 7888, which was seized by the respondent NO.2 under Motor Vehicle Check Report No. 0232669 dated 25-6-2008 and declare the action of the respondents in not releasing the said vehicle of petitioner is illegal, arbitrary, violative of Article 14 and 21 of the constitution of India, and mandatory provisions of M.V. Act and APMV Rules, and to pass such other and further orders as this Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.CHANDRASEKHAR Counsel for the Respondent: GP FOR TRANSPORT The Division Bench of this Court made the following oral order: THE HON’BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN. * * * ORAL ORDER : { Per the Hon’ble Smt. Justice T. Meena Kumari ) 1. The present writ petition is filed questioning the seizure of auto-rickshaw bearing Regdn.No.AP-01-7888 by the second respondent under Motor Vehicle Check Report No.0232669, dated 25-6-2008 and to declare the action of the respondents in not releasing the said vehicle of the petitioner as illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India and to pass such other orders as this Court may deem fit and proper in the circumstances of the case. 2. It is stated that the petitioner is the owner-cum-driver of auto rickshaw bearing Regdn.No.AP-01-7888. On 25-6-2008, when the brother of the petitioner, Mr.Saleem was proceeding with the said auto rickshaw from bus stop to NTR chowrastha for repairing the same, suddenly the second respondent herein stopped the said vehicle and issued check report bearing No.0232669, dated 25-6-2008 on the ground of non-production of R.C. book, tax receipt, Insurance Coverage, driving license, Pollution Certificate etc. In fact it is stated that at the time of detention, the brother of the petitioner was in possession of all the documents but due to extreme financial problems, the petitioner could not pay vehicle tax from 31-3-2006 till date. 3. It is further stated that on 25-6-2008 the petitioner went to the office of the first respondent and submitted an application and paid statutory fee of Rs.25/- in the name of first respondent through demand draft, vide DD.No.061297, dated 25-6-2008 of State Bank of Hyderabad, Adilabad branch, seeking to release the said vehicle. It is also stated that the petitioner was ready to pay the tax of Rs.7,020/- for the period from 31-3-2006 to 30-6-2008. But the authorities of the first respondent instructed him to pay penalty @ 2% on Rs.7,020/- which comes to Rs.14,040/- for the release of said vehicle. It is stated that the petitioner was instructed by the authorities of the first respondent to pay in all Rs.21,060/- for release of the said vehicle. 4. The learned Government Pleader for Transport on instructions submitted that the petitioner has to pay tax of Rs.7,420/- and compounding amount of Rs.2825/- and it is also submitted that the petitioner may be directed to pay the said amount and further the order that may be passed by this Court may not preclude the respondents to proceed with the inquiry as contemplated under law. 5. Heard Sri S. Chandra Sekhar, the learned counsel for the petitioner as well as the learned Government Pleader for Transport. 6. Considering the facts and circumstances of the case and also in view of the fact that the petitioner has fairly admitted that he did not pay the tax for the period from 31-3-2006 to 30-6-2008, we deem it appropriate to direct the petitioner to pay the due tax of Rs.7,420/- {Rs. Seven thousand four hundred and twenty only} for the quarter ending 30-6-2008 and also compounding fee of Rs.2,825/- {Rs. Two thousand eight hundred and twenty five only } within a period of four weeks from the date of receipt of a copy of this order. On such deposit made by the petitioner, the second respondent is directed to release the auto rickshaw bearing Regdn.No.AP-01-7888 forthwith after obtaining an undertaking from the petitioner that he shall not alienate, encumber or create any third party and shall produce the auto rickshaw bearing Regdn.No.AP-01-7888 as and when required by the respondents. However, we make it clear that this order does not preclude the respondents from proceeding with the inquiry or conducting any inquiry as contemplated under law. 7. With the above observation, the writ petition is disposed of at the stage of admission. No costs. ------------------------------------- JUSTICE T. MEENA KUMARI. ----------------------------------------------- JUSTICE RAMESH RANGANATHAN. 14-7-2008. I s L NB: Furnish CC by 16-7-2008. B/o. I s L .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}