THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 6296 of 2009 Oral Order: The petitioner is seeking release of bus bearing No. AP 03 U 7777, seized by the 2nd respondent, namely the Motor Vehicles Inspector, Chittoor, vide Check Report No. 0376843 dated 10.03.2009. The petitioner states that he has two buses, one bearing No. AP 03 X 5005 and another bearing No. AP 03 U 7777. That he has permit to run bus No. AP 03/X 5005 on the route from Tiruthani to Chittoor, and as that bus broke down, he pressed into service bus bearing no. AP 03 U 7777, but the 2nd respondent on the ground that the bus was plying with valid permit, seized the same, which the learned counsel for the petitioner contends, is illegal and arbitrary. The learned Government Pleader for Transport on instructions submitted that the petitioner has permit for bus bearing No. AP 03 X 5004 (disputed by the petitioner as AP 03 X 5005), and since the petitioner was plying bus bearing No. AP 03 U 7777 on the route, authorized for bus bearing No. AP 03 X 5004, the same was seized by the respondents. He submitted that the petitioner was issued cause notice calling upon him to show cause as to why he should not be called upon to pay tax of Rs.56,740/- and compounding fee of Rs.7,225/-, and the bus in favour of the petitioner can be considered for release on condition of his paying that amount. Having heard the learned counsel for the petitioner and the learned Government Pleader for Transport, I deem it appropriate to disposed of the writ petition with the following directions: The respondents are directed to release vehicle bearing No. AP 03 U 7777 subject to his paying tax of Rs.56,740/- and compounding fee of Rs.7,225/-. Since the petitioner was already issued show cause notice, the petitioner may submit his explanation. Thereupon, the respondents are directed to complete the enquiry expeditious, preferably within a period of four weeks from today, and pass appropriate orders. If in the enquiry it is found that the petitioner never violated the permit and has used the bus in question as a replacement to the vehicle having permit and which broke down, then the respondents shall forthwith return the amount, which he would pay for release of the vehicle. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Date: 26th March, 2009 Note: Wire at party’s cost. (B/o) KSR