IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21200 of 2008 Between: M/s. Fantoosh India Rep. by Sri Tulsiram S/o. Bhujanga Rao Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Ranga Reddy District (East) at Uppal 2 The Motor Vehicle Inspector, F.C.T.S. Regional Transport Authority, Hyderabad (C.Z) .....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 especially one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle bearing Number TN 27 J 2233 vide vehicle check report No. 0015666 dt. 6-9-2008 is illegal, arbitrary and violative of Article 19 (1) (g) of Constitution of India and consequently direct the ﬁrst respondent to release the same and pass such other order or orders. Counsel for the Petitioner: SRI CH.RAVINDER Counsel for the RespondentS: GP FOR TRANSPORT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21200 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is ﬁled seeking to declare the action of the respondents in seizing the vehicle of the petitioner bearing No.TN 27 J 2233, under vehicle check report No.0015666, dated 6.9.2008, as illegal and arbitrary and consequently, to direct the 1st respondent to release the vehicle of the petitioner forthwith. The vehicle in question was seized by the 2nd respondent on 6.9.2008 on the ground that it was found plying with L & T Labour, and that the documents of the vehicle and proof of payment of tax were not produced. 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, the petitioner approached the 1st respondent for release of the vehicle. But the 1st respondent has refused to release the same. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. While submitting on instructions that the total liability of the petitioner is Rs.16,225/-, the learned Government Pleader seeks a direction to the petitioner to pay the said amount and on such payment, the vehicle may be directed to be released. 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.16,225/- to the respondents and also on production of original documents besides furnishing an undertaking to the eﬀect that the vehicle in question would not be transferred pending enquiry and that it would be produced as and when the same is required by the authorities in the course of enquiry and investigation. It is made clear that this order does not preclude the authorities from proceeding with the regular 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: 29th September, 2008 Nn/Gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:21200 OF 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 29.9.2008