THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30816 OF 2010 Dated:13.12.2010 Between: S.Satyanarayana Goud .. Petitioner And The Commissioner, Transport Department, Khairathabad, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30816 of 2010 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The petitioner filed W.P.No.8366 of 2010 questioning the constitutional validity of the Andhra Pradesh Ordinance No.2 of 2010 amending Section 3(2) of the Andhra Pradesh Motor Vehicles Taxation Act, 1963. By order dated 15.04.2010 in W.P.M.P.No.10778 of 2010, this Court stayed seizure of the petitioner’s vehicle Fork Lift LMV (Proclainer) bearing No.AP-22M-4383 on condition of the petitioner depositing 50% of the life tax in favour of the second respondent. The deposit amount was to be paid within four weeks. When he went to pay the amount as directed by this Court, the second respondent declined to accept the same as it is made after the time given by the Court and that when the vehicle was going for repairs sometime in the last week of November, 2010, it was seized for non-payment of tax. Therefore, he filed the instant writ petition. This Court heard the counsel for the petitioner and Government Pleader for Commercial Taxes. The petitioner has already availed the remedy under Article 226 of the Constitution of India by questioning the Andhra Pradesh Ordinance No.2 of 2010 (now A.P.Act No.11 of 2010). Therefore, this writ petition for the same relief is not maintainable. It is always open to the petitioner to file appropriate miscellaneous application in W.P.No.8366 of 2010 and seek extension of time for payment of amount. We give liberty to the petitioner to do so. The writ petition, with the above observations, is dismissed as withdrawn. There shall be no order as to costs. _____________ V.V.S. RAO, J ________________ NOUSHAD ALI, J 13.12.2010 KH