IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14218 of 2008 Between: P. Narasimha Reddy, S/o. P. Pulla Reddy, R/o. Vaddipalli Village and Post, Atmakur Mandal, Anantapur District. ..... PETITIONER AND 1) Deputy Transport Commissioner & Secretary, Regional Transport Authority, Anantapur District, Atmakur. 2) Motor Vehicles Inspector, Anantapur, Anantapur District. .....RESPONDENTS 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 an appropriate writ, order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing and detaining the petitioner's Tractor bearing Registration No. AP.02/W.3227, pursuant to the Vehicle Check Report No. 306796 dated 02-5-2008 of the 2nd respondent, as illegal, arbitrary and contrary to law and consequenlty direct the respondents herein to release the said Tractor to the petitioner, forthwith, and pass Counsel for the Petitioner: MR.E.MARUTHI RAJA Counsel for the Respondent: GP FOR TRANSPORT The Division Bench made the made the following order: THE HON’BLE SMT. JUSTICE T. MEENA KUMARI A N D THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN *** WRIT PETIION No. 14218 OF 2008 ORAL ORDER : { Per the Hon’ble Smt. Justice T. Meena Kumari } Seeking a writ of mandamus declaring action of the respondent in seizing and detaining the petitioner’s vehicle viz., Tractor bearing Registration No.AP-02/W-3227 pursuant to the vehicle check report no. 306796 dated 02-5-2008 of the second respondent, as illegal, arbitrary and contrary to law and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. 2. The 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., 02-5-2008 when the petitioner was taking the vehicle after repairs to Atmakur village in order to obtain necessary documents with a view to utilize the same for his agricultural operations, the second respondent stopped and checked the said vehicle and issued the above vehicle check report alleging that the said vehicle is found plying without RC., Insurance, Fitness, Tax Proof, Insurance Certificate, Permit and D.L., and seized the said vehicle under section 8 of APMVT Act and Section 207 of MV Act and kept the same as Atmakur Police Station. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. 4. 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 and penalty. He further contends that the petitioner is also liable for other irregularities. 5. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the respondents, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle, viz., Tractor bearing Registration No.AP-02/W-3227, subject to the payment of Rs.5,000/- (Rs. Five thousand only) 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 respondents. It is also made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. 6. With the above directions, the writ petition is disposed of at the stage of admission. No costs. ____________________ T. MEENA KUMARI, J. _________________________ RAMESH RANGANATHAN, J 03-07-2008. I s L ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies