IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No : 16 of 2009 Between: E. Vijay Kumar S/o. Venkata Krishna Rao R/o. D.No.5-4-43 & 44, Kukatpally, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, at Attapur, Ranga Reddy District. 2 The Motor Vehicle Inspector ( on special duty), O/o. The Secretary, Regional Transport Authority, Hyderabad 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent herein in seizing and detaining the petitioner's vehicle bearing Registration No. AP 28X 4107 vide vehicle Check Report No.0037052, dated 20.12.2008 under Sec.8 of Andhra Pradesh Motor Vehicle Taxation Act and 2007 M.V. Act as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to release the vehicle bearing Registration No.AP 28X 4107 forthwith to the petitioner, in the interest of justice and grant such other relief and reliefs. Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: GP FOR TRANSPORT The Court, at the stage of admission, made the following O R D E R (per Hon’ble Sri Justice D.S.R.Varma) : The petitioner is the registered owner of the Light Motor Vehicle (contract carriage) bearing Registration No. AP 28 X 4107. When the said vehicle was proceeding from Medchal to Afzalgunj, the 2nd respondent - Motor Vehicle Inspector checked the vehicle and issued a vehicle check report No. 0037052, dated 20th December 2008, pointing out certain irregularities that the vehicle was found proceeding from EMRI, Medchal to Afjalgunj with 21 passengers and without paying AP tax up to 31st December 2008 and without insurance certificate and PVC token and accordingly, the same has been seized under Section 8 of the A.P. Motor Vehicles Taxation Act as well as under Section 207 of the A.P. Motor Vehicles Act, in SRTA, Medchal. It is the case of the petitioner that he made an application on 22nd December 2008 seeking release of his vehicle, but the same has not been considered and disposed of. The petitioner also denies the allegations levelled against him in the check report. At this stage, we are not at all inclined to express any opinion on the merits of the case. However, we are of the opinion that when the vehicle has been seized and detained under Section 8 of the Motor Vehicle Taxation Act, it is for the Licensing Authority to make an enquiry and pass appropriate orders under the A.P. Motor Vehicle Taxation Act, demanding the payment of differential tax and penalty. It is also open for the Secretary, Regional Transport Authority to pass appropriate orders for violating the terms and conditions under the A.P. Motor Vehicles Act. Having regard to the fact that the enquiry, as contemplated under both the enactments is pending, and having regard to the facts and circumstances of the case, we feel that it is a fit case to order release of the vehicle, but however, with 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 depositing a sum of Rs.10,000/- to the credit of the 1st respondent, within a period of three weeks from today, which will be subject to the final orders that may be passed under the A.P. Motor Vehicle Taxation Act and the A.P. Motor Vehicles Act and on production of original documents, besides furnishing an undertaking to the effect that he will produce the vehicle as and when required, during the course of enquiry and investigation and that he will not alienate the said vehicle and change its nature. With the above directions, the writ petition is disposed of. No costs. --------------------- D.S.R. VARMA,J ------------------------ V. ESWARAIAH,J 7th January 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}