IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5362 of 2010 Between: K. Vanamma ..... PETITIONER AND 1 The Regional Transport Officer, Regional Transport Authority Nalgonda, and another. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5362 of 2010 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the 2nd respondent in seizing petitioner’s LMV-Dumper/Excavator bearing R.No.AP24S1569 vide Vehicle Check Report dated 3.03.2010 as illegal and arbitrary and consequently, to direct the respondents to release the vehicle in question, without insisting for payment of tax. The vehicle in question was seized on 3.3.2010 on the ground that it was found plying without valid documents and without payment of tax and life tax. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. The learned Government Pleader submitted that the vehicle may be directed to be released subject to payment of tax by the petitioner. In the circumstances of the case and since no purpose would be served by keeping the vehicle in custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, We feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.13,020/- (Rupees Thirteen Thousand and Twenty only) and also on production of original documents besides furnishing an undertaking to the effect that she would not transfer the vehicle pending enquiry and that she would produce the vehicle as and when the same is required by the respondent-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _______________________________ Justice Nooty Ramamohana Rao Date: 9th March, 2010 Note: Communicate by wire at party’s costs (BO) Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5362 of 2010 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 09.03.2010