THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10577 of 2010 Dated:08.10.2010 Between: SCHWING Stetter (India) Pvt.Ltd. …Petitioner and The Secretary, Regional Transport Authority, Hyderabad Central Zone, Khairatabad, Hyderabad, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10577 of 2010 ORDER: (per Hon’ble Sri Justice Ramesh Ranganathan) The action of the second respondent, in seizing and detaining the petitioner’s Concrete Mixture Pump bearing Serial No.8002190.00 vide Vehicle Check Report No.1800839 dated 23.03.2010, under Section 8 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963, and Section 207 of the Motor Vehicles Act, 1988, is questioned in this writ petition as arbitrary and illegal. The petitioner seeks a consequential direction to the respondents to release the vehicle forthwith. The petitioner is a private limited company engaged in the manufacture of concrete pumps. It has its industry at Sipcot Industrial Park, Kancheepuram, Tamilnadu. It also has a branch Office at Hyderabad. While the concrete pump was being transported from the factory at Kancheepuram to its branch at Hyderabad, in vehicle bearing No.AP 29T 5084, the second respondent stopped the vehicle at Kukatpally on 23.03.2010 and, after verification, prepared a check report alleging that the petitioner had not produced the records; and they were liable to pay the life tax under Ordinance No.2 of 2010 (now Act No.11 of 2010). Thereafter, the second respondent released the lorry, but seized and detained the concrete pump. The petitioner submitted an application on 24.03.2010 before the first respondent seeking release of the said vehicle. He contended that the second respondent, without giving them an opportunity of being heard and without conducting enquiry, had seized the concrete pump illegally; and that the said concrete pump should be released. The petitioner also contended that the said concrete pump is neither a motor vehicle nor a construction equipment either under the Motor Vehicles Act or under the Central Motor Vehicle Rules. This Court, by its order in W.P.M.P.No.13558 of 2010 dated 30.04.2010, directed release of the Concrete Mixture Pump on condition that the petitioner pays Rs.25,000/- (Rupees Twenty Five Thousand only). This Court also made it clear that the interim order did not preclude the respondents from proceeding with the enquiry. Sri B.Chandrasekhar, the learned Counsel for the petitioner, would submit that the concrete pump has since been released on payment of tax. The learned Government Pleader would submit that the respondents have already initiated an enquiry in this regard. Since the concrete pump in question has already been released, no useful purpose would be served in keeping the writ petition pending on the file of this Court. Suffice to hold that this order shall not preclude the respondents from proceeding with the enquiry and taking action thereafter in accordance with law. The writ petition stands disposed of accordingly. There shall be no order as to costs. __________________ (V.V.S.RAO, J) _____________________________ (RAMESH RANGANATHAN, J) 08.10.2010 vs