IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24171 of 2008 Between: Jadhav Murali S/o. Ramji R/o. Village & Mandal Utnoor, District Adilabad. ..... PETITIONER AND 1 The Deputy Transport Commissioner cum Secretary, Regional Transport Authority, Adilabad, District Adilabad. 2 The Motor Vehicle Inspector, Adilabad, Check Post, Wankidi, District Adilabad. .....RESPONDENT(S) 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 direction or issue an appropriate writ, more particularly in the nature of writ of Mandamus, directing the respondents herein to release the vehicle of the petitioner herein i.e. Tractor bearing No.AP 01 V 8328 which was seized by the respondent No.2 under vehicle check report No.1033207 dated 13-8-2008 and declare the action of the respondents in not releasing the said vehicle of petitioner is illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India, and mandatory provisions of M.V. Act & Rules and as well as A.P.M.V. Taxation Act & its Rules. Counsel for the Petitioner: MR.S.CHANDRASEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : Form-NIC-OGS/WP{KSL} HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24171 of 2008 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. With their consent, the writ petition is being disposed of at the admission stage. 2. This writ petition is ﬁled for issuance of writ of Mandamus to declare the seizure of the petitioner’s Tractor bearing No.AP-01-V 8328 vide vehicle check report No.1033207 dated 13-08-2008 as illegal and arbitrary and consequently direct the respondents to release the vehicle. 3. It is the contention of the petitioner that the vehicle was seized on 13-08-2008 on the ground that he has not paid the motor vehicle tax and failed to show the relevant documents pertaining to the trailor. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain and prayed for release. 4. The learned Government Pleader for Transport submits that petitioner’s vehicle may be released subject to payment of admitted tax and compounding fees and ﬁling an undertaking that he will not alienate or transfer the vehicle till the enquiry is completed. 5. Having regard to the facts and circumstances of the case, we direct the respondents to release the vehicle in question to the interim custody of the petitioner subject to the condition of the petitioner paying a sum of Rs.21,000/- towards tax due and Rs.8,800/- towards compounding fees within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the eﬀect that he will not transfer the vehicle pending enquiry and that he will produce the vehicle as and when the same is required by the respondent— authorities in the course of enquiry. It is made clear that the release order does not preclude the authorities from proceeding with the enquiry. 6. The writ petition is accordingly disposed of. No costs. _________________________ JUSTICE A.GOPAL REDDY _____________________________ JUSTICE VILAS V. AFZULPURKAR November 06, 2008 Kvr