THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 1807 of 2008 Dated: 01-02-2008 A. Vijaya Raj, s/o. Armuga, 50 years, R/o. 24/1/1464, A.K. Nagar, Nellore. ..Petitioner And 1. The Secretary, Regional Transport Authority, Nellore 2. The Motor Vehicles Inspector, Gudur, Nellore District. Respondents THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 935 of 2008 ORDER: (per T Meena Kumari J) This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in seizing the petitioner vehicle bearing Registration No. AP 26 W 2082 vide the 2nd respondent’s Vehicle Check Report No. 2885474, dt. 16.12.2007 as illegal, arbitrary and consequently to direct the respondents to release the said vehicle forthwith. 2. The case of the petitioner in brief is as follows:- The petitioner is the owner of goods vehicle HMV bearing Registration No. AP 26 W 2082 having purchased in February 2004 and that he also obtained the national permit from the 1st respondent and the same is valid upto 25-1-2009 and that as the though he is having permit to operate the same, as the said vehicle requires major mechanical repairs he has stopped to operate the same to carryout the repairs. It is also stated that after carrying out major portion of the repairs on 16-12- 2007, the vehicle was carrying some quantity of sand for construction of his residential house and at that time the 2nd respondent stopped the vehicle and seized the same and issued the check report alleging that the records of the vehicle were not produced and also on the ground that the vehicle was carrying excess load of 6010 Kgs. It is further stated that when the petitioner approached the 1st respondent for release of his vehicle, the 1st respondent demanded him to pay the tax at the rate of Rs.5,940/- for each quarter for 3 quarters from the quarter ending with 30-09-2007 to 31-03-2008 and penalty at the rate of 200% i.e., 11,480/- totaling to Rs.45,920/-. It is also stated that the petitioner is not liable to be pay the tax as he has not operated the vehicle. Hence, the present writ petition. 3. When the matter came up for hearing, learned counsel for the petitioner submits that the petitioner is not required to pay any amount as directed in the check report as he had got permit to operate the same. She further submits that even though the petitioner has got the permit, he has not operated the said vehicle during the period for which the 1st respondent demanded tax as the same is kept idle for effecting major repairs. Hence, the demand of the 1st respondent is unwarranted and the same is liable to be set aside. 4. On the other hand, learned Government Pleader submits that the vehicle check report dated 16-12-2007 of the authorities goes to show that there is over load of sand and hence the petitioner is liable to pay the penalty as demanded by the respondents. 5. Heard both the counsel and perused the material available on record. In view of the facts and circumstances of the case and also taking into consideration the submissions made by both the counsel, we feel it would suffice if a direction be given to the respondents to release the vehicle in question subject to condition of petitioner’s depositing the admitted tax and the amount charged for the excess load. 6. The Writ petition is disposed of with a direction to the 1st respondent for the release of the seized vehicle bearing No. AP 26 W 2082 relating to the petitioner herein, on his depositing the admitted tax and the amount charged for the excess load as levied under the vehicle check report. It is also directed that the petitioner shall produce the vehicle as when required by the respondents and he shall undertake that he will not alienate the vehicle in question pending enquiry by the respondents. _______________________ T. MEENA KUMARI, J ____________ G ROHINI J Dt. 1.2.2008 NB:- Communicate the operative portion Of the order by Wire at Party’s costs. B/o. kvrk THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 1807 of 2008 (Order of the Division Bench delivered by the Hon’ble Mrs. Justice T Meena Kumari) Dated: 01-02-2008 With the above observation, the Writ Petition is disposed of. No costs. _____________________ T. MEENA KUMARI, J ____________ G ROHINI J