IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12797 of 2008 Between: Erukula Krishna Murthy S/o. Basavaiah R/o.Mulugu Road, Ghanapoor Mandal, Warangal District. ..... PETITIONER AND The Regional Transport Officer, Warangal, Warangal District. .....RESPONDENT 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 order or directions more particularly a Writ in the nature of Mandamus, declaring the action of the Respondent in directing the Petitioner to pay huge amount of Rs.62,605/- towards yearly tax, penalty and other miscellaneous charges for the years 31.03.2003 to 31.03.2008 and seizing the Tractor-cum- Trailor bearing No. AP 36 T 2869/2870 as arbitrary, illegal, unjust and consequentially direct the Respondent to release the Tractor-cum-Trailor bearing No. AP 36 T 2869/2870 to the Petitioner and pass such other order or orders. Counsel for the Petitioner: MR.JAKKASRINIVASA RAO Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the respondent in seizing the petitioner’s vehicle viz., Tractor- cum-Trailor bearing Registration No.AP-36/T-2869/2870 vide VCR No. 1680022 dated 20.03.2008, as illegal and arbitrary and consequently to direct the respondent to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is registered owner of the above said vehicle and had been operating the same for agricultural activities and since the said vehicle was giving troubles very often, he kept the same idle and on the ill-fated day i.e. on 20.3.2008, when his driver was taking the vehicle for repairs and while proceeding from Ghanapur Mandal to Cheruvugattu, the respondent checked the vehicle and found that it was plying without payment of tax for the years 2002-2003 to 2007- 2008, without R.C. without driving licence apart from other irregularities demanding the petitioner to pay, in all, a sum of Rs.62,605/-. Hence, the said vehicle was seized and kept at the Police Station, Ghanapur for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondent. The learned Government Pleader for Transport submits that the petitioner is liable to pay the tax and penalty for different irregularities as per the demand raised in the Vehicle Check Report. He further contends that apart from the above, the petitioner did not pay tax for six years to the tune of Rs.18,560/- apart from penalty of Rs.37,120/-. He also contends that the petitioner is also liable to pay a sum of Rs.6925/- towards penalty for other irregularities and thus, in all, the petitioner is liable to pay a sum of Rs.62,605/-. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondent to release the vehicle viz., Tractor-cum-Trailor bearing registration No. AP-36/T- 2869/2870, subject to the payment of Rs.25,000/- and on furnishing an undertaking to the effect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondent. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ T.MEENA KUMARI, J. ___________________________ RAMESH RANGANATHAN, J. June 20, 2008 MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}