IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3491 of 2008 Between: Smt. D. Choulee D/o. Devujee Nizamabad District. ..... PETITIONER AND 1 The Secretary, Regional Transport Officer, O/o. The R.T.A. Kanteswar ,. Nizamabad , Nizamabad District. 2 The Inspector of otor Vehicles, Armoor, Nizamabad District. .....RESPONDENT(S) 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 to issue writ order or direction more particularly one in the natrue of writ of Mandamus declaring the action of the 2nd respondent in seizing and detainsding the petitioners Tractor and Trailor Vehicle Bearing Reg.No. AP-25-H-1612 & Ap-15-T-2818 vide Vehicle Check Report No. 0131285 dt. 12-1-2008 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the Tractor & Trailor Vehicle Bearing Reg. NO. AP-25-H-1612 & AP -15-T-2818 forthwith and to grant such other relief or reliefs Counsel for the Petitioner: MR. BOOMAGANGADHAR Counsel for the Respondents: AGP FOR TRANSPORT The Court made the following: THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.3491 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent No.2 in seizing and detaining the petitioner’s Tractor and Trailor vehicle bearing registration Nos.AP 25H 1612 and AP 15T 2818 respectively under vehicle check report No.0131285 dated 12.01.2008, as illegal. The petitioner also sought for a consequential direction to the respondents to release the said Tractor and Trailor. Heard Sri Booma Gangadhar, learned counsel for the petitioner and the learned Assistant Government Pleader for Transport. A perusal of the check report shows that the abovementioned Tractor and Trailor was seized with a load of stones on the alleged irregularities as mentioned below: “1. Without R.C., No proof of tax 31.03.2008. 2. Without permit 3. Without F.C. 4. Without I.C. 5. Without D.L.” The petitioner claimed that she made an application on 04.02.2008 to respondent No.1 for release of the Tractor and Trailor, but so far no orders have been passed thereon. Having heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Transport, I am of the view that interest of justice would met if respondent No.1 is directed to release the Tractor and Trailor to the petitioner subject to her producing the registration certificate, permit, fitness certificate, insurance certificate and driving licence of the person, who was driving at the time of seizure. The petitioner shall show proof of payment of tax up to 31.03.2008 and in the absence of such a proof she shall pay the entire tax due up to 31.03.2008. The release of Tractor and Trailor shall be subject to the final orders that shall be passed by respondent No.1 in the proceedings initiated by him and the petitioner shall not alter the nature of the Tractor and Trailor and file an undertaking before respondent No.1 that she will produce the same as and when required by him for the purpose of enquiry. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition as indicated above, WPMP.No.4544 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 21.02.2008 Note:- Issue CC in two days. B/o. ES To 1.2CCs to 2.2CD copies