IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21621 of 2008 Between: N. Babu, S/o. Ganganna, r/o. Talamarla Post, Kothacheruvu Mandal, Anantapur District. ..... PETITIONER AND 1 Assistant Secretary, Regional Transport Authority, Hindurpur, Anantapur District. 2 Motor Vehicle Inspector, Hindupur, Anantapur 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 an appropriate Writ, order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the Respondents in seizing and detaining the petitioner's Light Goods Carriage- Three Wheeled Goods Vehicle bearing Registration No. AP.02/V.4616 pursuant to the Vehicle Check Report No. 1228966, dated 18-08- 2008 of the 2nd respondent is illegal, arbitrary and contrary to law and consequently direct the respondents herein to release the said vehicle to the Petitioner herein forthwith by accepting the tax for the present quarter ending with 30-09- 2008 and pass Counsel for the Petitioner: MR.E.MARUTHI RAJA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration No.AP.02/V.4616 vide VCR No. 1228966 dated 18.08.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is the registered owner of the above said vehicle and had been operating the same as a light goods vehicle. Since the said vehicle was under long stoppage for want of repairs and after repairs, while the vehicle was taken from the shop on 18.8.2008 to the petitioners business place, the second respondent checked the vehicle at Kothacheruvu and on demand, the RC Book, IC, F.C. Tax, Driving Licence and PUCC were not produced. Hence, the said vehicle was seized and kept at the Police Station Kothacheruru for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport, on instructions submit that the petitioner is liable to pay tax as determined by the Authorities apart from the penalty for the lapses. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. AP02/V.4616, subject to the payment of tax as determined by the Authorities plus Rs.10,000/- and furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ T.MEENA KUMARI, J. ___________________________ RAMESH RANGANATHAN, J. September 30, 2008 MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}