THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33531 OF 2011 ORDER: This writ petition has been instituted seeking a writ of Mandamus to declare the action of the 3rd respondent in seizing and detaining the petitioner’s heavy goods vehicle bearing Regn. No.AP26-Y-6858 vide check report No.1906028, dated 13-12-2011, as illegal, arbitrary and contrary to the provisions of the A.P. Motor Vehicles Act, 1982 (for brevity ‘the Act’). 2. Brief facts which are necessary for disposal of this writ petition are that the petitioner is the registered owner of the above said vehicle and he is paying tax regularly for the said vehicle. While so, on 13-12-2001, when the petitioner’s vehicle is carrying load of machinery i.e. cone crusher from Shorapur of Karnataka State to the Koraput of Orissa State, it was intercepted by the 3rd respondent and was seized alleging certain irregularities though the petitioner has produced all the relevant documents. Thereafter, the petitioner approached the 2nd respondent seeking release of the vehicle under Rule 448 (b) of the A.P. Motor Vehicles Rules. But the 2nd respondent neither entertained the said application nor released the vehicle. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport, appearing for the respondents and perused the record. 4. The learned counsel for the petitioner contended that the petitioner is nothing to do with the cone crusher and he is only a carrier of cone crusher from one place to another and all the relevant documents relating to his vehicle are in order and hence he prays to release the vehicle. 5. On the other hand, the learned Government Pleader for Transport, appearing for the respondents, contended that the petitioner’s vehicle was carrying the cone crusher which is trailer within the meaning of Section 207 of the Act and therefore, it requires registration and no documents are filed in respect of cone crusher. 6. As seen from the allegations in the affidavit filed in support of the petition, the cone crusher seems to be a trailer which is being carried from Karnataka to Orissa in the vehicle of the petitioner. There are no contraventions alleged in so far as the vehicle of the petitioner is concerned. Hence, there is no impediment to release the vehicle of the petitioner. But however, this order will not come in the way of respondents in detaining the cone crusher which was being carried in the vehicle of the petitioner. 7. In the result, the writ petition is allowed directing the respondents 2 and 3 to release the vehicle of the petitioner bearing Regn. No.AP26-Y-6858, vide check report No.1906028, dated 13-12-2011 subject to condition of petitioner depositing an amount of Rs.10,000/- (Rupees ten thousand only) with the 2nd respondent, which shall be subject to the result of the enquiry pending with the respondents 2 and 3. There shall be no order as to costs. ______________________ 22nd December 2011 JUSTICE K.C.BHANU kvr