IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 269 of 2009 Between: M/s. Gurunanak Engineering College, Ibrahimpatnam, rep. by its Vice-Chairman G.S. Kohili S/o. T.S. Kohili, R/o. Ibrahimpatnam, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Central Zone, Hyderabad. 2 The Motor Vehicle Inspector, Ibrahimpatnam at Hasthinapuram, Ranga Reddy 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 or direction especially one in the nature of Writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. AP 09X 1054 vide vehicle check report No.1370055 dated 23.09.2008 is illegal, arbitrary, and violative of Article 19(1)(g) of the Constitution of India and consequently direct the first respondent to release the petitioner's vehicle. Counsel for the Petitioner : MR.CH.RAVINDER Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 269 of 2009 ORDER: (per DSRV, J ) This writ petition is filed seeking a Mandamus declaring the action of the respondents in seizing the bus bearing No.AP 09 X 1054, vide vehicle check report No.1370055, dated 23.09.2008, as illegal and arbitrary. It is stated that the petitioner purchased the Educational Institution Bus, bearing No.AP 09 X 1054, from the Meridian School for Boys and Girls, Banjara Hills, Hyderabad, recently and the vendor of the said bus has already signed Form Nos.29 and 30, which are required for transfer of ownership by the concerned Regional Transport Authority. As the said bus was taken for repairs, the transfer application was not submitted. After completion of the repairs, when the said bus was proceeding empty on 23.09.2008 towards Ibrahimpatnam, the same was seized under Section 8 of the A.P. Taxation Act and Section 207 of Motor Vehicles Act (for short ‘the M.V.Act’) by the second respondent-Motor Vehicle Inspector, vide vehicle check report No.1370055, on the allegation that the said bus was proceeding from Malakpet to Kondapur with 35 students of the petitioner-school without R.C. book, tax receipt, P.U.C. and permit etc. and that the same was kept at Nagole grounds for safe custody. It is further stated that the enquiry has not been completed with regard to the payment of tax, penalty and compounding fee under the M.V.Act. It is also stated that the respondents informed the petitioner that unless the enquiry is completed, the said bus cannot be released. Having regard to the facts and circumstances of the case, we are not inclined to express any opinion with regard to the aforesaid allegations and the liability of the petitioner. But, however, if the enquiry is still pending, there cannot be any justification in keeping the vehicle under seizure. Accordingly, the Writ Petition is disposed of, directing the first respondent to release the bus, bearing No.AP 09 X 1054, subject to the petitioner depositing a sum of Rs.25,000/- (rupees twenty five thousand only) within a period of three weeks from today and also on production of documents, which are referred in the vehicle check report. It is further directed that the nature of the said bus shall not be changed; the same shall not be alienated and shall be produced as and when required, pending enquiry by the concerned authority. If any orders are passed under the above Acts, it is open for the respondents to take appropriate action for recovery of tax, penalty and compounding fee. There shall be no order as to costs. _______________ D.S.R.VARMA, J Dated:12.01.2009. ______________ V.ESWARAIAH, J GJ/TSY