IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3596 of 2008 Between: M/s. Sangita Travel Agency Rep. by K.M. Patel No. 10, Harekepanahalli, Wilson Garden, Bangalore -560 027 ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Medak District, at Sanga Reddy. 2 The Motor Vehicles Inspector, Zaheerabad Check Post, Medak 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 particularly one in the nature of a writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. KA/01C-5051 seized under Vehicle check report No. 1622613 dt.19-2-2008 by the 2nd respondent as illegal, arbitrary unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner: SRI B.SIVA RAMA KRISHNAIAH Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:3596 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking to declare the seizure of its vehicle bearing No.KA/01C –5051 under vehicle check report No.1622613 dated 19.2.2008 by the 2nd respondent as illegal and arbitrary and consequently, to direct the respondents to release the vehicle forthwith. The vehicle in question was seized by the 2nd respondent on 19.2.2008 for certain irregularities alleged to have been committed by the petitioner. The 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 and therefore, it is a fit case wherein the vehicle in question can be directed to be released. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. It is the case of the petitioner that during the pendency of enquiry, if the vehicle is kept idle it would be subjected to natural decay due to sun and rain and therefore, the same may be directed to be released. On the other hand, the learned Government Pleader contended that as per the conditions of All India Permit, 30 seats have to be constructed, but according to the check report, it is found to be 10 numbers of double accommodation berths on the driver side and 10 numbers of single accommodation on either side and therefore, it amounts to contravention of the conditions. It is further contended that in a case of this nature, if the vehicles are released, it would be much difficult to trace out the same outside the A.P. State so that, the enquiry proceedings in this regard would be stalled. In view of the facts and circumstances and in view of the submission made by the learned Government Pleader and in view of the fact that the vehicle has been seized just two days prior to filing of this petition, We feel it just and proper to grant liberty to the petitioner to file its objections, if any, before the respondents within a period of one week from today, and to direct the respondents to complete the enquiry within a period of three weeks thereafter. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 21st February, 2008 Nn/Gurc. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:3596 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 21.02.2008