IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.5830 of 2008 Between: Sri. Akbar Khan, S/o. Sri Omar Khan, r/o. no. 30, old dispensary road, kalaipalyam, Bangalore -2. ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Medak District at Sangareddy. 2 The Motor Vehicles Inspector, Sanga Reddy, Medak 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 a Writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the seizure of the Petitioner's vehicle bearing No. KA/01B - 5782 seized under vehicle check report No. 0595594, Dated 17-2- 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 Counsel for the Petitioner:MR.B.SIVA RAMA KRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.5830 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri B.Siva Rama Krishnaiah, learned counsel appearing for the petitioner and the learned Government Pleader for Transport, who takes notice on behalf of the respondents, and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. The vehicle of the petitioner bearing No.KA/01B-5782 was seized vide Vehicle Check Report, dated 17.02.2008. Admittedly, the vehicle of the petitioner belongs to Karnataka State. A perusal of the Vehicle Check Report, dated 17.02.2008, issued by the 2nd respondent, discloses that the petitioner made alteration without any permission from original registering authority and it attracts extra tax for extra seats/berth. Further, the petitioner is carrying commercial goods on the top of the body. Having heard the counsel and in view of the order passed by a Division Bench of this court in W.A.No.244 of 2008, dated 28-02-2008, in similar facts and circumstances of the case, the writ petition is disposed of directing the respondents to release the vehicle in question to the petitioner on the condition of his furnishing an undertaking to the effect that he will not ply the same within the state of Andhra Pradesh and also furnishing the correct address particulars of the petitioner as well as the place where the vehicle is to be kept, so as to enable the respondents to inspect the same, as and when necessary arises. However, it is made clear that this order shall not preclude the authorities to proceed with the enquiry of the case. There shall be no order as to costs. __________________ 18-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Medak District at Sangareddy. 2 The Motor Vehicles Inspector, Sanga Reddy, Medak District. 3 2CCs to 4 2CD copies