IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12729 of 2008 Between: M/s. S.M. Earth movers,, rep. by S.Madhumohan, S/o. Chary R/o. H.no. 16-11-741/10/A/A, Moosarambagh, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Hyderabad, East Zone at Hyderabad. 2 The Motor Vehicle inspector, R.T.A., Hyderabad ( Central ), Driving Testing Track, Nagole. .....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 a writ order, direction especially one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. AP11M 1333 vide vehicle check report No. 2756116 dated 11.06.2008 is illegal, arbitrary, and violative of Article 19(1)(g) of the Constitution of India and consequently direct the first respondent to release the same. Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondent : GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12729 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to declare the seizure of the petitioner's vehicle bearing No. AP11M 1333 vide vehicle check report No. 2756116 dated 11.06.2008 as illegal, arbitrary, and violative of Article 19(1)(g) of the Constitution of India and consequently, to direct the first respondent to release the same. The vehicle of the petitioner was seized on 11.6.2008 on the ground that the vehicle was being plied without payment of tax, without driving licence and insurance and pollution certificates. The main 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. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. While submitting on instructions that the petitioner has been plying the vehicle without payment of tax and without valid licence and the total liability is Rs.35,000/-, the learned Government Pleader seeks a direction to the petitioner to pay the total amount due and on such amount, the vehicle may be directed to be released. We see some force in the contention of the learned Government Pleader. Under these circumstances and since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, We feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.35,000/- towards tax due, within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the effect that the vehicle in question shall not be transferred pending enquiry and that the same shall be produced as and when the same is required by the respondent-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ____________________________ Justice Ramesh Ranganathan Date: 19th June, 2008 Note: Issue CC tomorrow. (BO) Nn/gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:12729 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 19/06/2008