THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24757 of 2011 Dated 05th September, 2011 Between: J.V.N.Concept School …Petitioner And Deputy Transport Commissioner & Secretary, Regional Transport Authority, Warangal, Warangal District and another …Respondents Counsel for the petitioner: Sri E.Maruthi Raja 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 the respondents in seizing and detaining the petitioner’s light motor vehicle bearing registration No.AP36T 3596 in pursuance of vehicle check report No.1314230, dated 24.08.2011, of respondent No.2, as illegal and arbitrary. The petitioner is the owner of the bus bearing the above-noted registration number, which was seized by respondent No.2, under vehicle check report, dated 24.08.2011, on the following allegations: “1. RC not produced; 2. Permit not produced: 3. IC not produced; 4. FC not produced; 5. PUC not produced; 6. Tax not produced and 7. Driver not in uniform.” According to the petitioner, when it was in the process of shifting the vehicle from Siddipet to Warangal, the vehicle was seized and that it has not yet started running the vehicle for the purpose for which it was bought. From the perusal of the record, it is noticed that the petitioner has not made an application before respondent No.1 on the ground that the said respondent has been insisting on payment of penalty, apart from payment of tax. This Court has been taking a consistent view that unless the owner of the seized vehicle first approaches the competent authority with an application to release the vehicle, the cause for filing a writ petition does not arise. As the petitioner failed to approach respondent No.1 with an application for release of the vehicle, this writ petition cannot be entertained at this stage. The learned counsel for the petitioner placed reliance on the Division Bench judgment of this Court in W.P.No.23658 of 2011, whereby this Court has directed that the seized vehicle shall be released on payment of tax due while leaving the issue of penalty open to be decided by the authorities concerned in accordance with law. In the event the petitioner makes an application for release of the vehicle, respondent No.1 shall consider the same by taking into consideration the above-mentioned direction given by this Court in W.P.No.23658 of 2011 and take an appropriate decision within three days from the date of receipt of application filed by the petitioner. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.30437 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 05th September, 2011 Note: Issue CC in three days. (b/o) VGB