THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.28288 of 2011 Dated 19th October, 2011 Between: Y.Venkata Reddy …Petitioner And The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Guntur and another …Respondents Counsel for the petitioner: Sri Rajanikanth Jwala Counsel for respondents: AGP for Transport The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in seizing the petitioner’s contract carriage vehicle, bearing registration No.AP31W 9229, under vehicle check report No.AP916/October 2011/9510, dated 11.10.2011, as illegal and arbitrary. I have heard Sri Rajanikanth Jwala, learned counsel for the petitioner, and the learned Assistant Government Pleader for Transport representing the respondents. The vehicle, bearing the above-noted registration number and belonging to the petitioner was seized by respondent No.2 on the following allegations: “Plying as Express Stage Carriage between Vijayawada to Hyderabad, which is violation of permit condition and liable to pay tax for Rs.2,625/- per seat. Passengers statement obtained.” The petitioner stated in his affidavit that when he sought to file an application before respondent No.1 for release of the seized vehicle, the said application was not even entertained, and therefore, he has sent the same through registered post with acknowledgement due on 13.10.2011. The grievance of the petitioner is that so far his application has not been considered and the seized vehicle is under continued detention. Admittedly, the proceedings under Section 8 of the A.P.Motor Vehicles Taxation Act, 1963 have not been completed and the petitioner’s tax liability is not determined. Pending such determination, it would be in the interests of justice that the seized vehicle is released subject to the following terms: (1) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only), which shall be subject to the outcome of the pending enquiry and (2) he shall produce the ownership and other relevant documents relating to the seized vehicle, apart from giving an undertaking before respondent No.1 that he will not alienate or in any manner change the character of the seized vehicle pending the enquiry. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.34928 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 19th October, 2011 Note: Issue CC in two days. (b/o) VGB