IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE 4TH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16796 of 2008 Between: M/s. Anu's Laboratories Ltd., Rep. by its Director K. Haribabu, Reg. Office at A-49, Madhuranagar, Vengalarao Nagar, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority Hyderabad, Central Zone, Khairatabad, Hyderabad. 2 The Motor Vehicle Inspector, (Vigilance & Enforcement ) STA, Hyderabad. .....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 Writ Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent herein in seizing and detaining the petitioner's vehicle bearing Registration No. AP 09 Y 8727 vide vehicle Check Report NO. 2564494, dt. 23-7-2008 under Sec. 8 of Andhra Pradesh Motor Vehicle Taxation Act and 207 M.V. Act as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to release the vehicle bearing Registration No. AP 09 Y 8727 forthwith to the petitioner in the interest of justice and pass such other or orders Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : . HONOURABLE SMT. JUSTICE T.MEENA KUMARI & HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:16796 OF 2008 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 the vehicle of the petitioner bearing No.AP 09 Y - 8727 under vehicle check report No.2564494, dated 23.7.2008 as illegal and arbitrary and consequently, to direct the respondents to release the vehicle of the petitioner forthwith. The vehicle in question was seized by the 2nd respondent on 23.7.2008 for certain irregularities alleged to have been committed by the petitioner. The grievance of the petitioner is that the vehicle in question is being used as private service only and the 1st respondent without considering the application, issued the show cause notice dated 30.7.2008 directing the petitioner to submit an explanation in writing within three days from the date of receipt of the notice why an amount of Rs.2,52,000/- towards tax for the quarter ending 31.3.2008 to 30.9.2008 shall not be paid, for which the petitioner has submitted a detailed explanation. However, 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 and therefore, the petitioner approached the 1st respondent for release of the vehicle. But the 1st respondent has refused to release the same. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. Since no purpose would be served by keeping the vehicle in the 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.50,000/-, within a period of six (6) Weeks from today and also on production of original documents besides furnishing an undertaking to the eﬀect that the petitioner would not transfer or alter the vehicle pending enquiry and that the petitioner would produce the vehicle as and when the same is required by the respondent-authorities in the course of enquiry and investigation. However, it is made clear that this order will not preclude the respondents from proceeding with the regular enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________________ Justice Ramesh Ranganatham Date: 4th August, 2008 Note: Communicate by wire at party’s costs (BO) Nn/Gurc. HONOURABLE SMT. JUSTICE T.MEENA KUMARI & HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:16796 OF 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 04.8.2008