THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.1425 of 2011 ORDER: The petitioner is the owner of vehicle, bearing No.ABG 5887. On 03.01.2011, it was checked by the Motor Vehicle Inspector, RTA Nandigama, Krishna, the 2nd respondent herein. It was found that the vehicle was carrying 21310 Kgs., load, as against GVW of 16200 Kgs. Therefore, the vehicle was seized by the respondents. The petitioner feels aggrieved by the same. Heard learned counsel for the petitioner and learned Government Pleader for Transport. The respondents are conferred with the power to compound the offence of overloading or to pass orders under Section 86 of the Motor Vehicles Act (for short ‘the Act’) ordering suspension of the permit. However, the detention of the vehicle, that too, in a loaded condition, is not at all in the interests of either the petitioner, or the respondents. The vehicle is being tampered, apart from being exposed to theft of parts. Hence, the Writ Petition is disposed of, directing the respondents to release the vehicle, on payment of overloading penalty, in accordance with the relevant provisions of law, by the petitioner. Such release shall, however, be without prejudice to the right of the respondents either to compound the violation, or to pass orders under Section 86 of the Act. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.28.01.2011. Note: Furnish C.C. in two days. (B/o) GJ