IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6564 of 2008 Between: Mohd. Ghouse Pasha, S/o. Mohd. Pahelwan, R/o. H.No. 2-130, Shamshabad, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, REgional Transport Authority, Ranga Reddy District. 2 The Motor Vehicle Inspector, Driving Testing Track, Nagole, Hyderabad. .....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 No. AP28V 2074 vide vehicle check report No. 1927925 dated 11-03-2008k is illegal, arbitrary, and violative of Article 19(g) of the Constitution of India and consequently direct the first respondent to release the Petitioner's vehicle. Counsel for the Petitioner: Mr.CH.RAVINDER Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : ORDER ( per Hon’ble Sri Justice B.Prakash Rao): Heard Sri Ch.Ravinder, learned counsel appearing for the petitioner, and the learned Government Pleader for Transport appearing for the respondents. 2. Petitioner herein who is the owner of the vehicle bearing No.AP28V 2074 files this Writ Petition assailing the seizure of the said vehicle as per the check report No.1927925, dated 11-03-2008, on the allegation of non-payment of tax and also absence of the permit etc., 3. Having heard the learned counsel and in view of the fact that necessary enquiry has to be conducted we are not inclined to go into the merits of the case. 4. Accordingly, Writ Petition is disposed of directing the respondents to release the said vehicle subject to the condition of payment of tax and compounding fee. There shall be no order as to costs. _____________________ B.PRAKASH RAO, J _____________________ C.Y.SOMAYAJULU,J 27th March, 2008 Note: Furnish C.C. of the order within three days. B/o Tsy To 1 The Secretary, REgional Transport Authority, Ranga Reddy District. 2 The Motor Vehicle Inspector, Driving Testing Track, Nagole, Hyderabad. 3 2CCs to 4 2CD copies Form-NIC-OGS/WP{SPJS}