IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5079 of 2010 Between: G. Lokesh ..... PETITIONER AND 1 The Joint Transport Commissioner and Secretary, Office of Regional Transport Authority Hyderabad and another. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5079 of 2010 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the 2nd respondent in seizing petitioner’s LMV-Tractor-Trailer bearing R.No.AP09BB1257 and AP09Y3682 vide Vehicle Check Report dated 11.02.2010 as illegal and arbitrary and consequently, to direct the respondents to release the vehicle in question, without insisting for payment of tax. The vehicle in question was seized on 11.2.2010 on the ground that it was found plying without valid documents and without payment of tax. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. The learned Government Pleader submitted that the petitioner is liable to pay tax and penalty to a tune of Rs.38,000/-, which is due as on 31.3.2006 whereas the learned Counsel for the petitioner submitted that no cause show notice was issued so far in respect of the aforesaid tax and penalty and that a direction may be issued to release the vehicle in question on payment of 1/4th of the tax due as on 31.3.2006. In the circumstances of the case and since no purpose would be served by keeping the vehicle in custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain and in view of the above submission of the learned counsel for the petitioner, We feel it a fit case wherein a direction can be issued to release the vehicle in question, but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.10,000/- (Rupees Ten Thousand only) and also on production of original documents besides furnishing an undertaking to the effect that he would not transfer the vehicle in question pending enquiry and that he would produce the vehicle as and when the same is required by the respondent-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _______________________________ Justice Nooty Ramamohana Rao Date: 9th March, 2010 Note: C.C. in two days (BO) Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5079 of 2010 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 09.03.2010