IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 17310 of 2008 Between: P. Srinivas S/o Shankaraiah R/o Allipur Village, Lingapur Post, Dandepalli mandal, Adilabad District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by its Registering Authority/Regional Transport Officer, Mancherial, Adilabad District. 2 The Inspector of Motor Vehicles, Cheek Post, Wankidi Adilabad District. .....RESPONDENT(S) 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the "Tractor and Trailer" bearing Registration No. AP01P1920 with chassis No MSASY 660443, and Trailer No. AP it 9867 with Chassis No. 1296 respectively as arbtirary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to release the tractor and trailer bearing Registration No AP01 P 1920 with Chassis No. MSASY 660443, and trailer No. AP IT 9867, with chassis No.1296 respectively. Counsel for the Petitioner: MR.CHANDRAIAH SUNKARA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : Form-NIC-OGS/WP{TRT} O R D E R:- This writ petition is ﬁled seeking a mandamus to declare the action of the respondents in not releasing the Tractor bearing Registration No.AP01 P 1920 with Chasis No.MSASY 660443 and Trailor bearing No.AP1T 9867 with Chasis No.1296, as arbitrary and illegal, and consequently direct the 2nd respondent to release the vehicles. The case of the petitioner is that he purchased a new Tractor in the year 2007 and registered it with the 1st respondent. He also purchased a Trolley (Trailor) from one R.Venkat Reddy on 28.6.2008 by paying the entire sale consideration and that he has also signed the requisite Form 29 for the purpose of transferring the registration of the Trailor in the name of the petitioner. On 2.7.2008, the Trailor was handed over to the petitioner, but the original certiﬁcates of registration, tax receipts etc. were not handed over to the petitioner on the ground that the original registration certiﬁcates are available with a private ﬁnancier. Now, the petitioner’s grievance is that while the petitioner was bringing the Trailor with the Tractor to Allipur village, the 2 nd respondent-Inspector of Motor Vehicles intercepted and seized the both the Tractor and the Trailor on the ground that the papers were not produced for verification. When the matter is taken up the learned counsel for the petitioner has stated that he has ﬁled an application in W.P.M.P.No.23825 of 2008 seeking to permit the petitioner to amend the prayer in the writ petition, to the following effect: “The Hon’ble High Court may be pleased to permit the petitioner to amend the prayer part in paragraphs Nos.7 and 8 of the Aﬃdavit in the W.P. by substituting the following words “the Tractor bearing Registration No.AP01P 1920 with Chasis No.MSASY 660443” in place of “the Tractor and Trailor bearing Registration No.AP01 P 1920 with Chasis No.MSASY 660443 and Trailor No.AP1T 9867 with Chasis No.1296 respectively” He has further submitted that since the Trailor is not transferred in his name, the same be kept in the custody of the 2nd respondent, but the 2nd respondent be directed to release the Tractor. The learned Government Pleader for Transport submits that the petitioner has to pay an amount of Rs.4,900/- towards tax dues, etc. and in addition, a sum of Rs.3000/- towards compounding fees for release of the Tractor. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. Having heard the learned counsel for the petitioner and the learned Government Pleader for Transport, I deem it appropriate to dispose of the writ petition with the following direction: The 2nd respondent is directed to release the Tractor bearing Registration No. AP01 P 1920 with Chasis No.MSASY 660443 to the petitioner on condition of the petitioner paying the entire tax arrears as also the compounding fee. Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 22nd August, 2008 Note: Furnish copy by Monday B/o bcj