IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 22643 of 2008 Between: K.Ilaiah, S/o. Ilaiah, R/o. H.No.2-19, Ramachandra puram, Kondurg shad Nagar, Mahabubnagar district. ..... PETITIONER AND 1 The Regional Transport Authority, Mahabubnagar, Mahabubnagar District. 2 The Motor Vehicle Inspector, Unit Office, Pebbair, Mahabubnagar 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 a Writ, order, direction especially one in the nature of Writ of Mandamus declaring the seizure of the petitioners vehicle bearing No.AET 1034 vide vehicle check report No.1521200 dated 14.10.2008 is illegal, arbitrary, and violative of Article 19(g) of the Constitution f India and consequently direct the ﬁrst respondent to release the Petitioners vehicle. Counsel for the Petitioner: SRI CH.RAVINDER Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:22643 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is ﬁled seeking to declare the action of the respondents in seizing the petitioner's vehicle bearing No.AET 1034 under check report No.1521200 dated 14.10.2008, as illegal and arbitrary and consequently, to direct the 1st respondent to release the vehicle in question. The vehicle in question was seized on 14.10.2008 on the ground that non-production of documents and proof of tax payment. 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. The learned Government Pleader submitted that the vehicle may be directed to be released subject to payment of Rs.20,000/- by the petitioner. In the circumstances of the case 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.20,000/- (Rupees Twenty Thousand only) and also on production of original documents besides furnishing an undertaking to the eﬀect that he would not transfer the vehicle pending enquiry and that he would produce the vehicle 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: 20th October, 2008 Note: Issue CC tomorrow. (BO) Nn/gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 22643 of 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 20.10.2008