THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.25834 of 2011 Dated 15th September, 2011 Between: Sri Sai Prasanna School …Petitioner And The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Nizamabad and another …Respondents Counsel for the petitioner: Sri Rajanikanth Jwala Counsel for respondents: AGP for Transport The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in seizing the petitioner’s educational institution bus, bearing registration No.AP25U 0999, under vehicle check report No.0214696, dated 27.08.2011, as illegal and arbitrary. I have heard Sri Rajanikanth Jwala, learned counsel for the petitioner, and the learned Assistant Government Pleader for Transport representing the respondents. The bus, bearing the above-noted registration belonging to the petitioner was seized by respondent No.2 on the following allegations: “1. RC not produced 2. Plying without fitness 3. No proof of tax payment 4. Permit not produced 5. Insurance not produced 6. PUC certificate not produced and 7. D/L not produced” The petitioner stated in its affidavit that it has filed an application before respondent No.1 for release of the seized vehicle and that as the said application was not even entertained, it has sent the same through registered post with acknowledgement due on 10.09.2011. The grievance of the petitioner is that so far its application has not been considered and the seized bus is under continued detention. Admittedly, the proceedings under Section 8 of the A.P.Motor Vehicles Taxation Act, 1963 have not been completed and the petitioner’s tax liability is not determined. Pending such determination, it would be in the interests of justice that the seized bus is released subject to the following terms: (1) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only), which shall be subject to the outcome of the pending enquiry and (2) It shall produce the ownership and other relevant documents relating to the seized vehicles, apart from giving an undertaking before respondent No.1 that it will not alienate or in any manner change the character of the seized vehicle pending the enquiry. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.31852 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 15th September, 2011 Note: Issue CC in five days. (b/o) VGB