IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 11304 of 2008 Between: Mohammed Ahmed Hussain S/o. Mir Mahemood Ali R/o. Survey No.313, H. No.4-25-3/2/25, Attapur, Rajendranagar, Rangareddy District. ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary Regional Transport Authority, Attapur, Ranga Reddy District. 2 Motor Vehicles Inspector, Secretary / Regional Transport Authority, Hyderabad Central, Khairatabad, Hyderabad. .....RESPONDENT(S) 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 to issue a writ, order or direction more preferrably one in the nature of Writ of Mandamus declaring the seizure and continued detention of Petitioner's Vehicle (Swaraj Mazda) bearing R.No. AP 31T 1599, seized under Vehicle Check Report No.2531720, dt. 25.11.2006 by the 2nd respondent as arbitrary, illegal, unjust, void, vitiated, improper, malafide, unconstitutional and without jurisdiction direct the respondents to release the petitioner's vehicle (Swaraj Mazda) bearing R.No. AP 31T 1599, forthwith to the petitioner and grant such other necessary relief Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE P.V. SANJAY KUMAR W.P.No. 11304 of 2008 Oral Order: (Per: GR, J) The singular grievance in this writ petition is as to the seizure of the petitioner’s vehicle -- Swaraj Mazda motor cab bearing Registration No. AP 31T 1599 with a carrying capacity of 20 persons, on 25-11-2006. On 23-05-2008 the petitioner submitted a representation to the respondents seeking release of the vehicle under Rule 448 (A) & (B) of the Motor Vehicles Rules, 1989. He also enclosed therewith a demand draft of Rs.25-00 as prescribed. There being no response to this representation, the writ petition is instituted. After hearing the learned counsel for the petitioner and the learned Government Pleader for Transport, the writ petition is disposed of at the stage of admission directing the 1st respondent to expeditiously and in any event within a period of seven (7) days from the date of receipt of a copy of this order, take a decision and pass an order communicating the same to the petitioner, on the petitioner’s representation dated 23-05-2008 for the release of the vehicle. The 1st respondent shall set out the conditions, if any on the basis of which the respondent proposes to release the vehicle to the custody of the petitioner pending final determination of the liability of the petitioner for the violations for which the vehicle was seized on 25-11-2006. No costs. ____________________ GODA RAGHURAM, J _________________________ P.V. SANJAY KUMAR, J Dated: 22-12-2008 Pvks Nb:- Furnish c.c. in three days. B/o pvks/*