IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 4299 of 2008 Between: Mr.S.Jarnail Singh S/o.Sri Gurudas Singh Saini R/o. 446, Hanuman Nagar, Nagpur. ..... PETITIONER AND 1 The State of Andhra Pradesh, through its Secretary, Department of Transport, Hyderabad. 2 The Transport Commissioner, Department, of Transport having its office at Panjagutta, Hyderabad. 3 Mr.H.Ganesh, FCTS RTA, Hyderabad (CZ), Trimulgherry, Secunderabad. 4 Joint Transport Commissioner and Secretary, RTA, Hyderabad. .....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 grant an order, direction or writ more so in the nature of Writ of Mandamus, declaring the action of the third respondent in detaining the vehicle bearing registration No. MH-31-CB-8035 having chasis bearing No. NDR 139904 and Engine No. MDH 330404 is illegal arbitrary and violative of Articles 14 and 19(g) of the Constitution of India and consequently to direct the respondents to release the vehicle bearing registration No. MH-31-CB-8035 having chasis bearing No. NDR 139904 and Engine No. MDH 330404 and further direct the respondents not to detain any vehicle contrary to the law declared by the Honourable Supreme court of India is unless the alleged violation is qua the route, area and purpose of the permit and to further refrain from indiscriminate and prolonged detention of vehicle contrary to M/s. Saleem Tours and Travels Versus Joint Transport commissioner and Secretary, Hyderabad and another reported in AIR 2004 A.P. - 497 and pass such other order or orders. Counsel for the Petitioner:MR.R.RAGHUNANDAN Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:4299 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking to declare the action of the third respondent in detaining the vehicle bearing registration No.MH-31-CB-8035 having chasis bearing No.NDR 139904 and Engine No.MDH 330404, as illegal and arbitrary and consequently, to direct the respondents to release the vehicle. The vehicle in question was seized by the 3rd respondent under check report on the allegation that there is unauthorized increase of berths violating the permit conditions. The grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain and therefore, it is a fit case wherein the vehicle in question can be directed to be released. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. It is the case of the petitioner that during the pendency of enquiry, if the vehicle is kept idle it would be subjected to natural decay due to sun and rain and therefore, the same may be directed to be released. On the other hand, the learned Government Pleader contended that the number of berths is increased and therefore, it amounts to contravention of the permit conditions. It is further contended that in a case of this nature, if the vehicles are released, it would be much difficult to trace out the same outside the A.P. State so that, the enquiry proceedings in this regard would be stalled. In view of the facts and circumstances and in view of the submission made by the learned Government Pleader and in view of the fact that the vehicle has been seized just ten days prior to filing of this petition, We feel it just and proper to direct the respondents to complete the enquiry proceedings within a period of four weeks from today. Meanwhile, the petitioner is at liberty to file his objections, if any, before the respondents. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 29th February, 2008 Note: Issue C.C. on Tuesday (BO) Nn/Gurc. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:4299 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 29.02.2008