HON’BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.13897 OF 2011 ORDER: The petitioner is the owner of the heavy goods vehicle bearing registration No.AP 29 TA 2349 covered by permit valid upto 22.02.2013. The said vehicle was stopped and checked by the second respondent when it was proceeding from Koratla to Hyderabad under the vehicle check report, dated 30.04.2011, and it was found carrying a load of 29,920 Kgs as against the permissible gross vehicle weight of 25,000 Kgs and thus, overloaded by 4,820 Kgs. Hence, it was seized. Learned counsel for petitioner submitted that the writ petition can be disposed of in terms of the earlier order, dated 24.02.2011, passed by this court in W.P.No.4580 of 2011 and further agreed to pay the penalty at the rate of Rs.1,000/- per ton. Whereas, the learned Assistant Government Pleader for Transport submitted that against the said orders passed by this court, Writ Appeal has been filed. She further submitted that once the penalty is collected, the respondents cannot take any further action against the owner of the vehicle for contravention of the permit conditions. If the vehicle is found to be overloaded, it is always open for the competent authority to initiate action under Section 86 of the Motor Vehicles Act either for suspension or for cancellation of the permit and also for levying penalty for such overload to the extent of Rs.1,000/- per ton. Further, on initiation of any action, the owner of the vehicle can always request to compound the offence by paying the compounding fee. Therefore, the continued seizure of the vehicle, that too, in a loaded condition would not only cause heavy damage to the vehicle, but also the transporter has to face civil consequences for delay in transporting the goods. In the circumstances, since the writ petitioner has agreed to deposit Rs.1,000/- per ton, the respondents are directed to release the vehicle in question on deposit of Rs.1,000/- per ton for the extra load of the vehicle, and on giving an undertaking that he shall produce the vehicle as and when required. The amount so deposited shall be without prejudice to the rights of the respondents to take further steps in accordance with law. It is always open for the petitioner to compound the offence by paying the compounding fee as per law. The writ petition is accordingly disposed of. There shall be no order as to costs. _________________________ JUSTICE A.GOPAL REDDY 04th May 2011 Dr/vgb