IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD 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 : 12984 of 2008 Between: Surakshan S/o. Komuraiah R/o. Rampur, Jannaram mandal, Adilabad District. ..... PETITIONER AND 1 Regional Transport Officer, Mancherial, Adilabad District. 2 Motor Vehicles Inspector-I, mancherial, Adilabad 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 more particularly one in the nature of writ of Certiorari and quash the demand notice in Lr.No. 556/A2/2008, dt. 3-4-2008 issued by the 1st respondent herein and further direct the 1st respondent to release the Tractor bearing No.AP IE 506 and Trailor No.AP IT 9041 forthwith and pass such other suitable orders in the circumstances of the case. Counsel for the Petitioner:SMT.M.VINOBHA DEVI Counsel for the Respondent No.: GP FOR TRANSPORT The Division Bench of this Court made the following order: THE HON’BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN. WRIT PETITION No. 12984 OF 2008. O R D E R : { Per the Hon’ble Smt. Justice T. Meena Kumari } Seeking a writ of Certiorari to call for the records of the demand notice in R.No.556/A2/2008, dated 03-4-2008 issued by the first respondent demanding to pay Rs.80,580/- towards tax and penalty of Tractor bearing Regdn.No.AP-1E-506 and Trailor bearing Regdn.No.AP-1T-9041 as illegal and arbitrary and to direct the first respondent to release the Tractor bearing Regdn.No.AP-1E-506 and Trailor bearing Regdn.No.AP-1T-9041, the petitioner filed this writ petition. 2. The petitioner is the owner of a Tractor bearing Regdn.No.AP- 1E-506 and Trailor bearing Regdn.No.AP-1T-9041. He purchased the same in the year 1993 and operated till January 2000. The bearing Regdn.No.AP-1E-506 and Trailor bearing Regdn.No.AP-1T- 9041 became un-roadworthy and the operating of the said tractor and trailor was stopped. On 03-3-2008, when the petitioner was out of station on some personal work, his neighbour without his consent had taken the said tractor and trailor to bring some gravel for construction of house purpose from his agricultural fields. When the said vehicle was returning from his agricultural fields to Tallapet village, the second respondent herein, who is the Motor Vehicle Inspector, Macherial, checked the said vehicle and issued a check report alleging that the vehicle was carrying gravel and the records were not produced. Therefore, the second respondent seized the said vehicle and kept it at Jannaram Police Station for custody. While so, the first respondent instead of releasing the vehicle had issued a show cause notice proposing to levy the tax and penalty and directed the petitioner to submit his explanation. The petitioner submitted his explanation on 01-4-2008, explained the reasons and requested to release the vehicle. The first respondent instead of dropping further proceedings, issued the impugned demand notice dated 03-4-2008 confirming the tax and penalty proposed to levy. Hence, the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Special Standing Counsel for the respondent. 4. The learned Government Pleader for Transport submits that the petitioner is liable to pay the tax and penalty for different irregularities as per the demand raised in the Vehicle Check Report. He further contends that apart from the above, the petitioner did not pay tax of Rs.26,860 and apart from penalty of Rs.53,720/- for the period from Q.E 30-6-2001 to Q.E. 31-3-2008 i.e., from 30-6-2001 to 31-3-2002, 30-6-2002 to 31-3-2003, 30-6-2003 to 31-3-2004, 30-9-2004, 31-12-2004, 31-3-2005 to 31-12-2005, 31-3- 2006 to 31-12-2006, 31-3-2007 to 31-12-2007, 31-3-2008. Thus, in all the petitioner is liable to pay a sum of Rs.80,580/-. 5. But in view of the fact that an appeal lies against imposition of penalty, having regard to the fact that enquiry is pending before the first respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the first respondent to release the vehicle i.e., Tractor bearing Regdn.No.AP- 1E-506 and Trailor bearing Regdn.No.AP-1T-9041, subject to the payment of Rs.26,860/- and on furnishing an undertaking to the effect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the said vehicle as and when required by the respondents. It is also made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. But, however, the petitioner shall be given an opportunity to file an appeal within a period of four weeks from today, if he so desires. If the petitioner fails to comply the conditional order passed by this court, the impugned demand notice becomes operative. 6. With the above direction, the writ petition is disposed of. No costs. _________________________ JUSTICE T. MEENA KUMARI . _______________________________ JUSTICE RAMESH RANGANATHAN . 23-6-2008. I s L ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}