The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.15010 of 2011 Dated 7th June, 2011 Between: Pitta Chinna Linganna …Petitioner and 1.The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Adilabad District and another. …Respondents Counsel for the petitioner: Mr.Rajanikanth Jwala Counsel for the respondents: AGP for Transport The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seizing and detaining the petitioner’s Tractor-Trailer bearing registration Nos.AP 01 R 4038 and AP 01 X 2581 under vehicle check report No.0832113, dated 28-05-2011, of respondent No.2, as illegal. The petitioner sought for a direction to the respondents to release the said vehicle. The aforesaid vehicle belonging to the petitioner was seized on the ground that it was carrying load in excess of the permissible load. The petitioner has filed the present Writ Petition assailing the said action. At the hearing, the learned Counsel for the petitioner submitted that in identical circumstances, this Court has disposed of several Writ Petitions directing the respondents to consider release of the seized vehicles by imposing such reasonable conditions, as they may consider appropriate, and subject to fulfilment thereof. The learned Assistant Government Pleader for Transport pointed out that without making an application for release of the seized vehicle, the petitioner has straight away filed the present Writ Petition. In my opinion, before approaching this Court, the petitioner ought to have filed an application under Section 207 (2) of the Motor Vehicles Act, 1988 read with Rule 448- B of the Andhra Pradesh Motor Vehicles Rules, 1989, before the competent authority, and if such an application is neither disposed of nor rejected, then only a Writ Petition can be maintained. The learned Counsel for the petitioner fairly conceded that no such application has so far been filed by the petitioner. Therefore, the petitioner is permitted to make such an application. If the application is made within three days from today, the respondents shall consider the same, in the light of orders, dated 24-02-2011 and 18-05-2011, passed by this Court in similar Writ Petitions being W.P.Nos.4580 and 14185 of 2011, within three days thereafter. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.18028 of 2011, filed by the petitioner for interim relief is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dated 7th June, 2011 Note: CC in two days. (B/o) lur