IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33797 OF 2011 Between : T.G.Prashanth ... PETITIONER A N D The Deputy Transport Commissioner and another. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33797 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of respondent No.2 in seizing and detention of the petitioner’s Goods Vehicle (Ashok Leyland Tusker Super 2214/15) bearing TR No.AP21XA TR 8883 Engine No.FPH435633 Chasis No.FPA071088 under vehicle Check Report No.0296121, dated 10.03.2011, as arbitrary and illegal and consequently to direct the respondents to release the petitioner’s vehicle forthwith. 2. It is stated in the affidavit filed in support of the Writ Petition that the petitioner is the owner of the vehicle bearing No. TR No.AP21XATR 8883. While so on 10.03.2011, respondent No.2 seized the petitioner vehicle on the ground that the vehicle was plying without valid documents. Thereafter, the petitioner made an application for release of the vehicle, but respondent No.1 has not considered the same. 3. Learned counsel for the petitioner contended that without there being any authority, respondent No.2 seized the petitioner’s vehicle and hence, he prays to issue a direction to the respondents to release the vehicle. 4. On the other hand, learned Government Pleader for Transport appearing for the respondents contended that since the petitioner has not paid the tax and compound fee, the vehicle was seized and hence, there are no grounds to interfere with the same. 5. Respondent No.2 vide check report No.0296121, dated 10.03.2011, seized the petitioner’s vehicle on the ground that it was plying without certain documents as required under Section 207 of the Motor Vehicles Act, 1988 and Section 8 of the A.P.M.V.T. Act, 1963. The petitioner was not supposed to ply the vehicle without payment of tax to the Government and without registering the vehicle. Therefore, the vehicle was rightly seized. But, however, if the vehicle is kept in the open area, it may expose to sunlight and rain, which will cause damage to the vehicle. Therefore, the petitioner shall get registration of the vehicle and thereafter pay the tax along with the compound fee to the respondents. 6. Accordingly, the Writ Petition is disposed of directing respondent No.1 to give the interim custody of the vehicle bearing TR No.AP21XATR 8883 to the petitioner on depositing an amount of Rs.10,000/- (Rupees ten thousand only) which shall be subject to decision that may be taken pending enquiry by respondent No.1. There shall be no order as to costs. _______________ K.C.BHANU, J DECEMBER 26, 2011. Note: Issue C.C. tomorrow. (B/o) YVL