THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31376 OF 2011 O R D E R: This writ petition is ﬁled seeking to issue Writ of Mandamus declaring the seizure of the petitioner’s vehicle bearing No.AP 29 V 4626 vide vehicle check report No.749665, dated 23-11-2011 as illegal and arbitrary and contrary to provisions of the Motor Vehicles Act, 1988 (for short ‘the Act’) and consequently direct the 1st respondent to release the vehicle. 2. Heard. 3 . The vehicle in question was seized by the 2nd respondent for violation and certain illegalities under the Act. The violation is overloading of sand carrying in the vehicle. Even at the time of seizure of the vehicle, the documents relating to the vehicle were not produced, but the petitioner is having all necessary documents. Penalty for overloading of sand in the vehicle has not been adjudicated by the 2nd respondent. 4. Therefore, the Writ Petition is disposed of. Interim custody of the vehicle in question shall be given to the petitioner subject to deposit of Rs.10,000/- (Rupees ten thousand only) with the 1st respondent and on production of all relevant documents under the Act. The above deposit shall be subject to result of the enquiry that is pending with the 2nd respondent. However, this order will not preclude the respondents in determining the overload charges or imposing penalty in accordance with law after giving a reasonable opportunity to the petitioner. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 29th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31376 OF 2011 Date:29.11.2011 AMD