HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25658 of 2011 Date:14.09.2011 Between: Patolla Shravani ..... Petitioner AND The Transport Commissioner of A.P., Hyderabad and three others. .....Respondents Counsel for the Petitioner: Sri C.L.N.Gandhi Counsel for the Respondents: AGP for Transport The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the seizure of the petitioner’s tractor bearing registration No.AP 23W 6999, under Vehicle Check Report No.0532250, dated 29.08.2011, by respondent No.4 and continuing to detain the same as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized tractor along with the accessories. I have heard Sri C.L.N.Gandhi, learned counsel for the petitioner and learned Assistant Government Pleader for Transport appearing for the respondents. The petitioner is the owner of the above-mentioned tractor which was seized on 29.08.2011 on the following allegations: - “ (1) The vehicle fitted with front dozer rear plough using for road levelling and construction work purpose, hence liable to pay the life tax. (2) w/o D.L. hence the vehicle seized under A.P.M.V. Act kept at P.S. BHEL for safe custody.” The petitioner has pleaded that as she is not liable to pay the life tax, she sought to make an application before respondent No.2 for releasing the seized tractor along with its accessories under Rule 448-B(1) of the Andhra Pradesh Motor Vehicle Rules, 1989, offering to pay Rs.25/- as fees; that the office of respondent No.2 has refused to take the application and fees insisting that the petitioner shall pay life tax for release of the said vehicle. In support of her plea, the petitioner has filed a copy of the purported application. Learned Assistant Government Pleader for Transport appearing for the respondents referred to the said application and stated that while the said tractor was registered with the office of respondent No.2, the petitioner made an application to the Secretary, Regional Transport Authority, Hyderabad. Learned counsel for the petitioner submitted that printed proforma relating to the office of the Regional Transport Authority, Hyderabad, was used by the petitioner and that, the application was, in fact, offered to be filed before respondent No.2. Inasmuch as the enquiry into the tax liability of the petitioner under Section 8 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (for short ‘the Act’), is pending before respondent No.2, and so far the petitioner’s tax liability is not determined, it would be in the interest of justice that the seized tractor along with its accessories is released to the petitioner subject to the following conditions: - (1) the petitioner shall deposit Rs.10,000/- (Rupees Ten thousand only) to the credit of respondent No.2. She shall also produce the ownership documents and file an affidavit before respondent No.2 undertaking not to alienate or in any manner alter the structure of the seized tractor and its accessories pending enquiry; and (2) On the petitioner complying with condition No.1 supra, respondent No.2 shall release the tractor bearing registration No.AP 23W 6999 along with its accessories to the petitioner, which shall be subject to the result of the proceedings under Section 8 of the Act. Subject to the above conditions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.31633 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 14th September, 2011 Note: Issue CC in two days. B/o DR