IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16004 of 2008 Between: Mohd. Rafath Khan, S/o. Afzal Khan, R/o. H.No.9-3-46, Khilla Road, Nizamabad. ..... PETITIONER AND 1 The Deputy Transport Commissioner, and Secretry(FAC), Regional Transport Authority, Nizamabad. 2 The Transport Commissioner, Transport Bhavan, Khairatabad. Andhra Pradesh,Hyderabad. 3 The Joint Transport Commissioner, and Secretary(Vigilance and Enforcement), State Transport Authority, Trnsport Bhavan, Khaiaratabad, Andhra Pradesh, Hyderabad. 4 The Motor Vehicles Inspector, Atmakur, Ofice of Vigilance and Enforcement, State Transport Authority Hyderabad. .....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 more particularly one in the nature of Writ of Mandamus, declaring the seizure and continued detention of the petitioner's Contract Carriage Vehicle, bearing Reg.No.AP09X 8489, Seized under Vehicle Check Report No.2564486, dated 16/07/2008 by the 4th respondent and the eventual order of the 1st respondent, dated 17/07/2008, refusing to release the above said seized vehicle of the Petitioner, under the instructions of the respondents 2 and 3 , as arbitrary, illegal, malafide, improper, unjust, void , vitiated, unconstitutional, without jurisdiction, contrary to the mandatory provisions of the Motor Vehicles Act, 1988 and violative of the Judgment of the Hon'ble High Court in 2000(4) ALD, 501 and consequently direct the respondents to release the petitioner's Contract Carriage Vehicle, bearing Reg.No.AP09X 8489 forthwith to the petitioner and grant such other order or orders. Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 16004 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) The present writ petition has been filed challenging the seizure and continued detention of the petitioner's Contract Carriage Vehicle, bearing Reg.No.AP09X 8489, under Vehicle Check Report No.2564486, dated 16/07/2008 by the 4th respondent and the eventual order of the 1st respondent, dated 17/07/2008 refusing to release the vehicle of the Petitioner, under the instructions of the respondents 2 and 3 , as arbitrary, illegal, malafide, improper, unjust, void , vitiated, unconstitutional, without jurisdiction, contrary to the mandatory provisions of the Motor Vehicles Act, 1988 and consequently sought a direction to the respondents to release the petitioner's Contract Carriage Vehicle, bearing registration No.AP09X 8489 forthwith to the petitioner. Heard learned counsel for the petitioner and the learned Government Pleader for Transport. The petitioner’s vehicle was checked and seized on 16.7.2008 while it was proceeding from Mumbai to Jagtial with 13 adult individual passengers, three of the passengers paid Rs.380/- each who were coming to Jagtial and the remaining ten passengers paid Rs.330/- each who were coming to Nizamabad, the vehicle was plying as express stage carriage by violating the permit conditions which would attract the higher rate of tax of Rs.3675/- per seat per quarter 30.09.2008. The said vehicle was said to have been seized under Section 8 of the Motor Vehicle Taxation Act and Section 207 of the Motor Vehicles Act. The petitioner approached the 1st respondent with an application for release of the vehicle, but he refused to release the vehicle on the ground that he received telephonic instructions from the 3rd respondent not to release the vehicle and advised the petitioner to approach the 2nd respondent. This was informed to the petitioner by an order dated 17.7.2008. The learned Government Pleader for Transport has submitted, on instructions, that the 1st respondent has withdrawn the order dated 17.7.2008 issued by him and informed the petitioner as such by letter dated 26.7.2008 in proceedings No. 7879/A3/08, dated 26.7.2008. After hearing the learned counsel for the parties, we direct the respondents to release the vehicle bearing registration No. AP09X 8489 in favour of the petitioner subject to payment of Rs.10,000/- (Rupees Ten Thousand only). The petitioner shall file an undertaking before the respondents-authorities that he shall not transfer, alienate or create third party in the vehicle or change the nature of the vehicle and he shall produce the vehicle before concerned authorities as and when required. However, this order will not preclude the respondents from conducting the regular enquiry. The writ petition is disposed of accordingly. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.28.7.2008 NB: Operative Portion by wire at party’s costs by tomorrow. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner, and Secretry(FAC), Regional Transport Authority, Nizamabad. 2 The Transport Commissioner, Transport Bhavan, Khairatabad. Andhra Pradesh,Hyderabad. 3 The Joint Transport Commissioner, and Secretary(Vigilance and Enforcement), State Transport Authority, Trnsport Bhavan, Khaiaratabad, Andhra Pradesh, Hyderabad. 4 The Motor Vehicles Inspector, Atmakur, Ofice of Vigilance and Enforcement, State Transport Authority Hyderabad. 5. 2 CCs to GP for Transport 6. 2 CD copies Form-NIC-OGS/WP{LS}