IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15388 of 2009 Between: Smt. B.Parvathi, W/o. B.Anjaneyulu, D.No. 6/1/796-A, Lakshmi Nagar, Ananthapur ..... PETITIONER AND 1 Deputy Transport Commissioner & Secretary, Regional Transport Authority, Ananthapur, Ananthapur District. 2 Inspector of Motor Vehicles, O/o. Deputy Transport Commissioner, Ananthapur, Ananthapur 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 appropriate Writ, order or direction, preferably one in the nature of Writ of Certiorari calling for the records relating to the impugned Demand Notice vide Rc.No. 2871/C2/09, dated 20.07.2009 issued by the 1st respondent levying and demanding a sum of Rs. 22,260/- towards tax and Rs. 44,520/- towards penalty totally an amount of Rs. 66,780/- in respect of the Petitioner's Lorry bearing Registration No. AP.02/U.3490 and quash the same and consequently direct the respondents to release the said lorry which was seized under Vehicle Check Report no. 417427, dated 10.06.2009 of the 2nd respondent to the petitioner forthwith; and Counsel for the Petitioner: Sri E.Maruthi Raja Counsel for the Respondents: Government Pleader for Transport The Court made the following: ORAL ORDER: (Per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by the learned Government Pleader for Transport appearing for the respondents. At the request of the learned advocates, the petition is finally heard today. 2. The petitioner has made a grievance in the petition to the effect that her vehicle, lorry bearing No. AP.02/U.3490 had been seized on 10-06-2009 and a check report was given to her along with demand notice dated 20-07-2009. 3. The petitioner has prayed that the vehicle has yet not been released in spite of the fact that an application dated 12-06-2009 has been submitted to respondent No.1. 4. Upon hearing the learned advocates, in the interest of justice, the following order is passed: a) The petitioner shall pay a sum of Rs.22,260/-, which was payable by way of tax to respondent No. 1 before release of the vehicle and upon payment of the said amount, the vehicle shall be released subject to the penalty proceedings as the petitioner appears to have challenged the order, whereby penalty has been imposed upon her. b) The petitioner shall file an undertaking before respondent No. 1 to the effect that till the penalty proceedings are completed, the vehicle shall not be sold or no right of whatsoever nature shall be created in respect of the said vehicle in favour of any third party. c) Respondent No. 1 shall consider representation dated 12-06-2009 and shall release the vehicle immediately upon payment of the amount of tax i.e., Rs.22,260/-. 5. In view of the above directions, the petition stands disposed of as allowed to the above extent with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 30th July, 2009 ks Note: Furnish Copy by Monday. B/O ks