IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF AUGUST, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22848 of 2011 Between: G. Ram Reddy … Petitioner And The Secretary, Regional Transport Authority, Nalgonda, Nalgonda District & another. … Respondents Counsel for the petitioner: Sri T. Venkat Reddy Counsel for the respondents: AGP for Transport This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22848 of 2011 ORDER:- This Writ Petition is filed for a Mandamus to declare seizure and continued detention of the petitioner’s lorry bearing No.MH 24C 1134 under vehicle check report No.2904033, dated 25.07.2011 of respondent No.2, as illegal and arbitrary. The petitioner claims to be the owner of the abovementioned lorry. When the said lorry was proceeding from Nalgonda to Panagallu with a poclainer load, the same was seized on the following grounds: “1. RC not produced. 2. No proof of A.P. tax Q.E. 30.09.2011. 3. No proof of A.P. permit. 4. No proof of F.C. 5. No proof of I.C. 6. Without PUC. 7. No proof of D.L.” The petitioner is stated to have made an application on 05.08.2011 for release of the lorry. The grievance of the petitioner is that neither the lorry was released nor respondent No.1 passed an order on his application. At the hearing, Sri T. Venkat Reddy, learned counsel for the petitioner, submitted that even though it is the case of the petitioner that the lorry, which was purchased by him in the year 2008, was continuously in mechanic shed undergoing repairs, tax was not paid by him, the petitioner is prepared to pay the tax without penalty at this stage, pending determination of his liability under Section 8 of the A.P. Motor Vehicles Taxation Act, 1963 (for short, “the 1963 Act”) and Section 207 of the Motor Vehicles Act, 1988. After hearing the learned Assistant Government Pleader for Transport, I am of the opinion that interests of both the parties will be balanced if the petitioner’s lorry is released, subject to the following terms. 1. The petitioner shall produce proof of ownership and other legal documents pertaining to the lorry. 2. The petitioner shall pay the tax due up to 30.09.2011 without penalty. 3. The petitioner shall not alienate or in any manner alter the condition of the vehicle till respondent No.1 completes the enquiry and passes a final order. 4. On the petitioner complying with condition Nos.1 to 3 supra, respondent No.1 shall release the lorry in question, which shall be subject to the final order that may be passed by him under Section 8 of the 1963 Act. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.27941 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 12.08.2011 ES