IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH 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 : 14751 of 2008 Between: I. Ramanjaneya Reddy S/o. Prasada Reddy R/o. Sai Complex, Temple St. Kakinada, E.G. District. ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, East Godavari District at Kakinada. 2 The Motor Vehicle Inspector, Puttur, Chittoor District. .....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 particularly one in the nature of Writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. AP/12U 5999 seized under vehicle check report No.0046118, dated 06.07.2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith and to pass other orders. Counsel for the Petitioner: MR.B.SIVA RAMA KRISHNAIAH 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. 14751 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) Heard learned counsel for the parties. The writ petition is filed challenging the seizure of the petitioner's vehicle bearing No. AP/12U 5999 under vehicle check report No.0046118, dated 06.07.2008 by the 2nd respondent and seeking a consequential direction to the respondents to release the vehicle of the petitioner forthwith. The petitioner’s vehicle was proceeding from Vijayawada to Chennia with 26 passengers on 6.7.2008 and it was stopped and checked and found that it was plying as express stage carriage violating the permit conditions. It was also alleged that the vehicle was carrying commercial goods on top of the vehicle. It is submitted by the learned counsel for the petitioner that the petitioner has already paid tax upto quarter ending of 30.6.2008. In the circumstances, the vehicle bearing No. AP/12U 5999 shall be released in favour of the petitioner subject to payment of Rs.10,000/- (Rupees Ten Thousand only). The petitioner shall file an undertaking that he shall not transfer, alienate or change the nature of the vehicle and he shall produce the vehicle before concerned authorities as and when required. However, the enquiry shall go on. The writ petition is disposed of accordingly. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.10.7.2008 NB: Operative portion of the order by wire at party’s costs. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, East Godavari District at Kakinada. 2 The Motor Vehicle Inspector, Puttur, Chittoor District. 3. 2 CCs to GP for Transport, 4. 2 CD copies Form-NIC-OGS/WP{MSN}