IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12057 of 2008 Between: N.Srinivas Goud S/o.Buggaiah Goud R/o.2-6-19 CCI GDC Qts Adilabad District ..... PETITIONER AND 1 The Secretary R.T.A Adilabad, Adilabad District 2 The Motor Vehicles Inspector Adilabad 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 of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents in Seizing the petitioner vehicle bearing No. APOIT 4789 on 21-5-2008 vide V.C.R.No.0232584 by the 2nd respondent as arbitrary illegal and further direct the respondents to release the said vehicle to the petitioner pending enquiry and pass Counsel for the Petitioner: MR.P.VENKATA RAO Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration No.AP01/T.4789 vide VCR No. 0232584 dated 21.05.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is registered owner of the above said vehicle and had been operating the same as a Taxi Cab. Since the said vehicle met with an accident, after major repairs, while it was being brought from the garage, on 21.5.2008 and while proceeding from Sangidi towards Adilabad, the second respondent checked the vehicle and found that it was plying without payment of tax carrying six passengers, besides other irregularities. Hence, the said vehicle was seized and kept at the Police Station Jainath for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport submits that the petitioner is liable to pay the tax and penalty as follows: 1. Without Registration certificate Rs. 100.00 2. Without tax payment Rs. 100.00 3. Without permit Rs.2,000.00 4. Without Fitness Certificate Rs.2,000.00 5. Without Insurance Certificate Rs. 600.00 6. Without Driving Licence Rs.1,500.00 7. Without Pollution Certificate Rs. 600.00 8. Release Order fees Rs. 25.00 Total Rs.6,925.00 He further contends that apart from the above, the petitioner did not pay tax of Rs.4,800/- at the rate of Rs.200/- per seat per quarter, for four quarters from 1.7.2007 to 30.6.2008. He also contends that the petitioner is also liable to pay a sum of Rs.9,600/- towards penalty and thus, in all, the petitioner is liable to pay a sum of Rs.14,400/-. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No.AP-01/T.4789, subject to the payment of Rs.11,725/- (Rs.4,800/- + Rs.6,925/-) and furnishing an undertaking to the effect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ T.MEENA KUMARI, J. ___________________________ RAMESH RANGANATHAN, J. June 12, 2008 MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}