IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24569 of 2004 Between: Abdul Majeed, S/o. S. Abdul Munaf, r/o. 15-1-94/A54, Sivaji Nagar, Madanapalli, Chittoor District, (Maxi Cab KA 04/8199 owner) ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Chittoor. 2 The Inspector of Police, Special Squad, Chittoor Region, Chittoor. .....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 or Mandamus or any other appropriate writ, order or direction, declaring the seizure of the vehicle bearing Registration No. KA.04/8199 by the 2nd respondent herein under check report dt. 14-12-2004 and the action of the 1st respondent in not releasing the vehicle as illegal and arbitrary and consequently direct the respondents to release the said vehicle forthwith and pass such other orders Counsel for the Petitioner: MR.NOUSHAD ALI Counsel for the Respondents: GP FOR TRANSPORT The Court at the admission stage, made the following : THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24569 of 2004 ORDER: The petitioner has filed this writ petition seeking a direction to the respondents to release his Vehicle Maxicab bearing Regd.No.KA04/8199. 2. The 2nd respondent seized the petitioner’s vehicle under check report dated 14-12-2004 for violation of certain irregularities and kept vehicle under detention in Mudivedu Police Station. 3. The learned counsel for the petitioner has contended that the petitioner made a representation, dated 22-12-2004 to the 1st respondent requesting him to release the vehicle, but the 1st respondent refused to release the vehicle. Therefore, he prays to grant interim custody of the vehicle to the petitioner. The counsel has further contended that if any violations are made, the petitioner will be liable to pay the amount. 4. The learned Government Pleader for Transport has opposed the application filed by the petitioner on the ground that the petitioner has to approach the 1st respondent-Transport authority for grant of interim custody of the vehicle and appropriate orders have to be passed by the 1st respondent, but the petitioner, without approaching the 1st respondent has filed this writ petition. 5. As per the check report, dated 14.12.2004, the 2nd respondent seized the vehicle of the petitioner for violation of certain irregularities. Though it is asserted in the affidavit that the petitioner made a representation, dated 22.12.2004, the 1st respondent has not taken any steps for grant of interim custody of the vehicle since the vehicle is being used for the purpose of carrying the passengers. Therefore, it would be appropriate to direct the interim custody of the vehicle to the petitioner. 6. In the light of the above circumstances, the 1st respondent-Deputy Transport Commissioner is directed to release the vehicle of the petitioner for interim custody on condition that the petitioner deposits Rs.7,500/- (Rupees Seven Thousand Five Hundred Only) on the following terms and conditions. 1. that the petitioner shall not transfer the vehicle to any other person without the permission of the 1st respondent. 2. that the petitioner shall not change the engine or any part of the vehicle. 3. that the petitioner shall produce the vehicle as and when required by the authorities concerned. 4. that the petitioner shall participate in the enquiry that is going to be conducted by the 1st respondent after receipt of show cause notice by filing his explanation. 5. that the tax, if any, may be adjusted out of the amount deposited by the petitioner. The 2nd respondent may take further steps for recovery of the tax from the petitioner. 7. Accordingly, the writ petition is disposed of in terms of the above directions. There shall be no order as to costs. __________________ December 29, 2004 Note: Wire at party’s costs. B/o. Kvr To 1 The Secretary, Regional Transport Authority, Chittoor. 2 The Inspector of Police, Special Squad, Chittoor Region, Chittoor. 3 Two CCs to G.P. for Transport, High Court Buildings, Hyderabad (OUT). 4 2 C.D copies.