HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.801 of 2011 Date: January 21, 2011 Between: S. Thirupathi Rao, S/o.Mukunda Rao Aged about 29 years, Occ:business, R/o.Rajupalli village, Shyampet Mandal, Warangal District … Petitioner And The Assistant Director of Mines and Geology, Warangal, Warangal District And others … Respondents Order: This writ petition is filed questioning the action of the respondents, seizing the lorry bearing No.AP-36-Y-4345. The petitioner claims to be the owner of the aforesaid lorry, which was hired by a third party for transporting sand. The lorry was seized on 28-12-2010, by the third respondent, Motor Vehicles Inspector, Warangal, Warangal District, vide check report dated 28-12-2010, on an allegation that it was loaded over and above the permissible weight. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology for the first respondent and also the learned Government Pleader for Home for respondents 2 and 3. It is the case of the petitioner that the allegation that the lorry was overloaded is false and it is seized illegally. It is stated that the lorry has been seized on 28-12-2010 and since then it is in the possession of the second respondent and is kept open-air without any protection. A perusal of the check report, under which the lorry of the petitioner was seized, would disclose that the lorry was found overloaded than the permissible weight. Though it is the case of the petitioner that the lorry was not overloaded, the same is a matter which is to be determined by the competent authority by conducting an enquiry and this court cannot decide on the said issue and record a finding. As much as the lorry of the petitioner was seized as long back as on 28-12-2010 and the enquiry may take some time, I deem it appropriate to dispose of the writ petition with a direction to the respondents to release the lorry bearing No.AP-36-Y-4345 to the petitioner subject to his depositing an amount of Rs.15,000/- (Rupees Fifteen Thousand only) before the Regional Transport Authority, Warangal. On such deposit and producing proof thereof, the said lorry be released to the petitioner. It is made clear that the petitioner shall not transfer or alienate the lorry in question in favour of third parties and shall produce the same, if necessary, in connection with the enquiry. Needless to mention that the amount to be deposited by the petitioner, for release of the lorry, shall be subject to the final orders to be passed by the competent authority. The writ petition is accordingly disposed of. No order as to costs. ___________________ (R. SUBHASH REDDY, J) January 21, 2011 Note: 1. A copy be communicated to R.T.A., Warangal 2. C.C. by 25-01-2011 B.O. MRR