IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH 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 : 12070 of 2008 Between: G. Parvathalu S/o Komaraiah R/o H. No. 1-3, Raj Bollaram, Medchal, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Reddy District Head Quarters at Attapur. 2 The Motor Vehicle Inspector, RTA. 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, direction especially one in the nature of Writ of Mandamus declaring the seizure of the petitioner's Tractor and Trailer bearing numbers AP 28V 2073 and AP 28V 2091 vide vehicle check report No. 16550283 dated 21-05-2008 is illegal, arbitrary, and consequently direct the first respondent to release the same and pass such other order or orders. Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondents.: 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:12070 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the seizure of the petitioner’s tractor and trailer bearing Nos.AP28 V 2073 and AP28 V 2091 vide vehicle check report No.1650283 dated 21.5.2008, as illegal and arbitrary and consequently, to direct the 1st respondent to release the tractor and trailer. The tractor and trailer of the petitioner were seized on 21.5.2008 on the ground that the vehicle was plied without permit and proof of payment of tax. 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 paid last tax on 30.3.2003 and he has been plying the vehicle and the total liability is Rs.16,200/- and the penalty is of Rs.6,725/-, 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.16,200/- towards tax due and Rs.6,725/- towards penalty thereon, within a period of eight weeks from today 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: 17th June, 2008 Note: Issue CC in two days (BO) Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12070 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 17.6.2008