IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3061 of 2009 Between: K. Mallikarjuna S/o. K. Ramanna R/o. Door No. 10-1-71/18, Krishna Reddy Nagar, Kushiguda, Ranga Reddy District. ..... PETITIONER AND 1 Secretary, Regional Transport Authority, Ranga Reddy District at Uppal. 2 Motor Vehicle Inspector, Badvel, Kadapa 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 may be pleased to issue an appropriate writ order or direction preferably one in the nature of writ of Mandamus declaring the action of the Respondents in seizing and detaining the petitioner's Heavy Goods Carriage bearing Registration No. AP 29/U. 8911 pursuant to the Vehicle Check Report No. 1192234 dt. 19-1-2009 of the 2nd Respondent as illegal, arbitrary and contrary to law and consequently direct the respondents herein to release the said vehicle to the petitioner herein forthwith and pass such other or further orders. Counsel for the Petitioner: MR.E.MARUTHI RAJA Counsel for the Respondent: GP FOR TRANSPORT The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3061 of 2009 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. According to the petitioner, he is the owner of a heavy goods vehicle bearing Registration No. AP 29 U 8911 and has been operating the same under a valid permit, which is valid up to 03.12.2012, and that the said vehicle is covered by valid insurance policy, registration certificate etc. It is his case that, due to some family disputes, the vehicle was not used and it was kept idle from 01.01.2008 and, after settlement of those disputes, the vehicle was put to use recently and, while it was proceeding with a load of iron ore on 19.01.2009, the 2nd respondent- Motor Vehicle Inspector, Badvel, Kadapa District, seized the same along with the load therein under Vehicle Check Report No.1192234, on the alleged irregularities that it was overloaded and tax receipt and other documents mentioned in the check report were not produced. It is the grievance of the petitioner that there were no such irregularities, that the vehicle is covered by all valid documents, and his representation dated 04.02.2009 submitted to the 1st respondent- Secretary, Regional Transport Authority, Ranga Reddy District, enclosing copies of all the relevant documents and a challan for Rs.50/- towards requisite fee for release of the vehicle, is not yet considered. It is his further grievance that if the vehicle is not released pending enquiry, the same would be exposed to bad weather conditions and its value may be diminished. Learned Government Pleader for Transport appearing for the respondents, on instructions, submits that the vehicle of the petitioner was seized on the grounds that it was carrying excess load than the permitted one and certain documents such as tax receipt etc. were not produced. He further submits that the petitioner did not intimate any stoppage of vehicle to the authorities, and after verification of the office records by the respondent authorities, it was found that tax was paid up to 31.12.2007 only and, therefore, the vehicle was plied without payment of proper tax and in violation of permit conditions by carrying excess load than the permitted one, and, thereupon, the petitioner was issued with a show cause notice dated 07.02.2009 to submit his explanation as to why the tax amount of Rs.28,700/- and penalty of Rs.48,790/- should not be collected from him for the period from 01.01.2008 to 31.03.2009, along with compounding fee of Rs.31,000/-. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondents to release the vehicle of the petitioner, pending enquiry, on his depositing half of the compounding fee i.e. Rs.15,500/- (Rupees Fifteen Thousand Five Hundred only) and also the tax amount of Rs.28,700/-. So far as the penalty amount of Rs.48,790/- is concerned, after due enquiry, if the petitioner is found guilty and he is found liable to pay the said penalty, the respondent authorities are at liberty to collect the same from him, and if the enquiry reveals that the petitioner has not committed any irregularity or violation of the rules, the respondent authorities shall refund the amounts which the petitioner is entitled to. No order as to costs. _________________ JUSTICE N.V. RAMANA 18th February, 2009 Note:- Issue CC in two days. BO IBL