IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8294 of 2009 Between: N. Suresh S/o. Venkataiah R/o. 3-25/1/A, Dharmarajapally, Huzurabad, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Transport Department, Rep. by its Secretary Secretariat, Hyderabad. 2 The Motor Vehicle Inspector Mancherial, Adilabad 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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the seizure of the three wheeled goods vehicle bearing No. AP 15 W 8606 under vehicle Check Report NO. 1022861 dt. 30-3-2009 by the 2nd respondent is illegal, arbitrary and violative of Art. 14 19(1) and 21 of the Constitution of India and consequently direct the respondents to release the vehicle bearing No. AP 15 W 8606 to the petitioner. Counsel for the Petitioner: MR.PARSA ANANTH NAGESWAR RAO Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: The petitioner claims to be the registered owner of the three wheeled goods vehicle – LMV bearing registration No. AP 15 W 8606. The said vehicle was seized by the 2nd respondent – Motor Vehicle Inspector, Mancherial Adilabad District on 30.3.2009 on the ground that RC, Tax, FC, IC, PUC and Driving License were not produced when asked and therefore, directed him to pay an amount of Rs.43,975/-. Thus, he filed this writ petition seeking appropriate directions to the respondents to release the vehicle. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Deputy Transport Commissioner, Karimnagar as per which the petitioner has to pay a sum of Rs.11,815/- towards tax and penalty of Rs.22,140/- and Rs.5,000/- towards the compounding fee. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. N.V.RAMANA,J DT.22.4.2009 Note: Furnish CC in two days (B/o) msv