IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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 : 7632 of 2008 Between: B. Bhoomreddy S/o. Narayanareddy R/o. Gannervaram, Karimnagar Dist. ..... PETITIONER AND 1 Deputy Transport Commissioner, Karimnagar. 2 Motor Vehicle Inspector, R.T.A., R.R. District (East) .....RESPONDENT(S) 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 writ, order or direction declaring the action of the 2nd respondent herein seizing the petitioner's vehicle No. AP.16/W.2334, under check report No.13125157 dt. 02.04.2008 as illegal and arbitrary and further direct the respondents to release the petitioner's said vehicle forthwith, without insisting the payment of tax. Counsel for the Petitioner:MR.P.RAJAGOPALA CHARY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 7632 of 2008 ORDER: ( Per the Sri Justice B.Prakash Rao) 1. Heard learned counsel appearing for the petitioner and the learned Government pleader for Transport, who takes notice on behalf of the respondents and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. 2. The vehicle, namely, Bus bearing Registration No. 16/ W. 2334 was seized vide vehicle check report No. 1312157, dated 2-4-2008, inter alia on the ground that the driver of the vehicle has not produced the relevant documents pertaining to the vehicle and plying the same without payment of tax at the time of checking was carrying marriage party. Both the counsel have urged their respective contentions. But, however, the fact remains necessary enquiry has to be conducted. 3. Considering the submissions made by both the counsel and on perusal of material, we deem it appropriate to direct the respondents to release the vehicle in favour of the petitioner imposing some conditions. 4. The writ petition is disposed of, directing the respondents to release the vehicle bearing Registration No. AP 16/W. 2334, seized under vehicle check report, dated 2-4-2008 in favour of the petitioner subject to the condition of petitioner depositing Home District Tax due upto quarter ending 30-6-2008 within a period of four weeks from today. However, it shall be open to the respondents to conduct enquiry and determine the liability towards tax and penalty etc., in accordance with law. During the pendency of enquiry the petitioner shall not alienate the vehicle and produce the same whenever required by the authority. ___________________ B.PRAKASH RAO, J. ____________________ C.Y.SOMAYAJULU, J. 9th April, 2008. Note: Wire at party’s costs B/o KM THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 7632 of 2008 9th April, 2008.