THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No. 23658 of 2011 Dated: 24-8-2011 Between U.Udaya Bhaskar …Petitioner And The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Ranga Reddy District at Attapur and another …Respondents Oral Order: (Per Hon’ble Sri Justice Goda Raghuram) The petitioner’s Bus bearing Registration No. AP 28 Y 3600 was intercepted at Gannavaram in Krishna District on 14-8-2011. The Check Report set out that the bus was proceeding from Hyderabad to Amalapuram with 40 passengers paying individual fare of R.350/- each who were traveling individually without a contract between the owner and the passengers; that the vehicle was thus plying as a Stage Carriage between Hyderabad and Amalapuram without payment of tax; and that the vehicle was seized under Section 8 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 and Section 207 of the Motor Vehicles Act, 1988 and detained at the Police Station, Gannavaram. The petitioner approached the 1st respondent for release of the Vehicle on 16-8-2011 offering to pay tax for the quarter ending 30-9- 2011. The petitioner asserts that the 1st respondent however insists for payment of the entire tax along with the penalty. No order assessing the quantum of tax due or the penalty has however been passed. The petitioner is therefore before this Court seeking release of the Vehicle. In a similar fact situation, by the judgment dated 8-8-2011, in W.P.No. 22194 of 2011, a learned Division Bench of this Court, relying on an earlier judgment in W.P.No.14594 of 2005, disposed of the writ petition directing the release of the Vehicle on payment of the tax due while leaving the question of penalty open to be decided by the authorities concerned, in accordance with law. Accordingly and following the judgment referred to above, the respondents are directed to release the petitioner’s vehicle bearing Registration No. AP 28 Y 3600 detained pursuant to the Check Report dated 14-8-2011, on condition of the petitioner paying the entire tax for the quarter ending 30-9-2011; furnish an undertaking not to alienate the vehicle and to produce it before the concerned authorities as and when called upon to do so; and on furnishing proof of his ownership of the vehicle. The liability of the petitioner to the penalty if any shall be depend upon orders of penalty if any, passed by the respondents. The writ petition is disposed of as above at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for Transport for the respondents. There shall however be no order as to costs. ______________________ GODA RAGHURAM, J 24th August, 2011 ______________________ N. RAVI SHANKAR, J GRR