THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.1581 of 2008 Date: 31.01.2008 Between: Jai Shree Transport Company … Petitioner AND The State Transport Authority, Andhra Pradesh, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.1581 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in imposing the challan amount of Rs.1,06,300/- for allegedly carrying excess gross vehicle weight as illegal and arbitrary. Heard Sri K.V.Subrahmanya Narasu, learned counsel for the petitioner and the learned Government Pleader for Transport. At the hearing, the learned Government Pleader for Transport stated that pending enquiry into the allegation of overload of the trailers and prime mover in question, the above mentioned sum was demanded as per the prescribed procedure. The learned counsel for the petitioner stated that two trailers, prime mover and transformer are detained since 25.01.2008 and that its continued detention would cause irreparable loss to the petitioner and also affect the interests of the A.P.Transco, to which the transformer belonged. Having regard to the respective submissions of the learned counsel for the parties, I deem it appropriate to dispose of the writ petition, without going into the merits of the case subject to the following terms: i) the petitioner shall furnish bank guarantee for the sum of Rs.1,06,300/- (Rupees One Lakh Six Thousand Three Hundred only) demanded through check report, dated 25.01.2008, ii) the petitioner shall also pay the tax due, if any on the vehicle, and iii) on the petitioner making the payments as mentioned in (i) and (ii) supra, the Regional Transport Officer, Medak shall release the two trailers, prime mover and transformer seized under check report No.0595564, dated 25.01.2008. The petitioner shall not alienate or alter in any manner the nature of the prime mover and the trailers pending enquiry before Regional Transport Officer, Medak – respondent No.2. Ordered accordingly. As a sequel to disposal of main petition, WPMP.No.1929 of 2008 filed by the petitioner for interim relief is dismissed. C.V. NAGARJUNA REDDY, J 31st JANUARY, 2008 Note: issue copy by tomorrow. B/o kvni