IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 18889 of 2008 Between: Anil Kumar, S/o. Lakshmi Chand, R/o. D.No.30, AIbrahimpur, Delhi-36, Rep by his G.P.A. Holder Mohammed Khalid, S/o. Abdul Jabbar, R/o. Nagole Village, Firozpur, Firka, Gurgoan. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, chittoor, 2 Motor Vehicle Inspector, Chittoor. .....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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not releasing the vehicle bearing Rgn.No.HR-38-M-4955 which was seized under vehicle check report No. 235752 dt. 12.08.2008 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the said vehicle in favour of Mohammed Khalid (G.P.A. Holder) forthwith and pass Counsel for the Petitioner: MR.P.GOVIND REDDY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in not releasing the petitioner’s vehicle bearing Registration No.HR- 38/M-4955 seized under VCR No. 0235752 dated 12.08.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is registered owner of the above said vehicle, which is being plied after obtaining national permit and other documents covering seven State. While so, on 12.8.2008, when the vehicle was proceeding from Bangalore to Chittoor and when it reached Chittoor, the second respondent checked the vehicle and found that the said vehicle had no proof of Andhra Pradesh permit, no proof of payment of tax in the Home State for the quarter ending 30.9.2008 apart from other irregularities. Hence, the said vehicle was seized and kept at the oﬃce of the D.T.C., Chittoor, for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport on instructions submits that the petitioner is due payment of tax from 30.6.2006 to 30.9.2008, which was estimated at Rs.57,400/- apart from penalty. He also submits that show cause notice had been issued to the petitioner and enquiry pursuant thereto is still pending. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition, at the stage of admission, with a direction to the respondents to release the vehicle bearing registration No.HR-38/M-4955, subject to the condition of the petitioner paying the tax in a sum of Rs.57,400/- and furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry, pending before the second respondent. With this direction, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan September 1, 2008 Copy in a week. MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}