IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15211 of 2008 Between: K.Shoba Rani W/o.K.Vijay Kumar Shop No.2 Kuthuru Complex Lakdikapool Hyderabad ..... PETITIONER AND 1 The Secretary Regional Transport Authority Somajiguda,Hyderabad 2 The Motor Vechicle Inspector Chilakaluripet,Guntur District .....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 issue a writ, order or direction particularly one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle No.PY/01Z-1999 seized under Vehicle Check report No.2932602 dt.29- 05-2008 by the 2nd respondent as illegal arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith and to pass other order or orders, Counsel for the Petitioner: MR.B.SIVA RAMA KRISHNAIAH 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 W.P.NO. 15211 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) This writ petition is filed challenging the seizure of the petitioner’s vehicle bearing No. PY/01Z-9299 seized under Vehicle Check report No.2932602 dt.29-05-2008 by the 2nd respondent and seeking a direction to the respondents to release the vehicle. Heard learned counsel for the parties. It is stated that the vehicle of the petitioner was checked and found that it was proceeding to Vijayawada from Chennai with 22 passengers by collecting individual fares of Rs.250/- each and the vehicle was misused as express stage carriage without proper permit and paying tax. According to the petitioner, the vehicle was engaged from Hyderabad to various places mentioned in the permit and the petitioner has not collected any individual fares and he has already paid tax for quarter ending up to 30.6.2008. According to the learned Government Pleader for Transport, an amount of Rs.1,44,000/- was due from the petitioner towards tax, however it was subject to determination in the enquiry which is pending. Under the above circumstances, we are of the opinion that the petitioner’s vehicle can be released on condition of depositing a sum of Rs.30,000/- (Rupees Thirty Thousand only) with an undertaking that the petitioner shall not transfer or alienate or create third party interest in the vehicle and he shall produce the vehicle before the concerned authorities as and when required. This order will not preclude the respondents to proceed with the enquiry. The writ petition is accordingly disposed of. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.16.7.2008 NB: Operative Portion by wire at party’s costs. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary Regional Transport Authority Somajiguda,Hyderabad 2 The Motor Vechicle Inspector Chilakaluripet,Guntur District 3. 2 CCs to GP for Transport, 4. 2 CD copies Form-NIC-OGS/WP{BMR}