IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 20736 of 2008 Between: B.S.Reddy Prasad S/o.B.K.Sudhakar R/o.H.No.16-150, Sri Rama Govindappa Street Madanapally, Chittoor District ..... PETITIONER AND 1 The Dy.Transport Commissioner & Secretary, Regional Transport Authority,.Chittoor District 2 The Motor Vehicle Inspector, Madanapally Chittoor District 3 The Inspector of Police, Madanapally (Rural) Chittoor District .....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 an order direction or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing the vehicle on 1.9.2008 contrary to section 8 of AP Motor Vehicle Act,1963 without any valid reasons, though the vehicle was possession of tax paid receipts as the same is illegal, arbitrary, and unjust and consequently direct the respondents to release vehicle and batch and pass Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing and detaining the petitioner’s vehicle bearing Registration No.KA- 35/A-4488 vide VCR No. 0044342 dated 02.09.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner ﬁled this writ petition. Petitioner is registered owner of the above said vehicle and had been operating as contract carriage. On 01.09.2008, while the said vehicle was plying, the third respondent stopped the vehicle in front of the Police Station and checked the same. It is alleged that there were 18 passengers in the vehicle and the vehicle was used as stage carriage on the route Madanapally to Nimmalapally in violation of the permit. The third respondent informed the second respondent on 2.9.2008 and the second respondent seized the vehicle vide the above Vehicle Check Report and kept at the Police Station, Madanapalle for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport on instructions submits that the petitioner has not paid the tax component apart from payment of penalty for the irregularities. Since the petitioner is entitled to question the imposition of penalty for the irregularities, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. KA- 35/A-4488, subject to the payment of Rs.42,000/-, after deducting the amount already paid, if any, and on furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan September 24, 2008 MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}