IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4574 of 2009 Between: B.Manikyam S/o.Yelaiah R/o.7-103, Ashok Nagar, ECIL Hyderabad ..... PETITIONER AND 1 The Secretary, Regional Transport Authority R.R.District at Attapur 2 The Motor Vehicles Inspector Driving Testing Track Nagole, Ranga Reddy District .....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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the seizure of the petitioner vehicle bearing AP 24 T 7850 vide vehicle check report No.2320122 dated 28.4.2008 is illegal, arbitrary, and violativce of Article 19(1)(g) of the Constitution of India and further declared the action of the 1st respondent in not releasing the same in spite of the petitioner representation dated 19.2.2009. Counsel for the Petitioner: MR.CH.RAVINDER Counsel for the Respondents: GP FOR TRANSPORT The Court made the following Order: THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 4574of 2009 O r d e r: This writ petition is filed for a writ of Mandamus to declare seizure of vehicle of the petitioner bearing No.AP24 T 7850 under Vehicle Check Report No.2320122, dated 28.04.2008, by the Motor Vehicle Inspector, Driving Testing Track, Nagole, Ranga Reddy District as illegal and to direct the respondents to release the same. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents, and at their request, the writ petition is taken up for disposal, at the admission stage. The main contention of the petitioner is that on 28.04.2008 while his vehicle was proceeding from Thukkuguda to Habsiguda, the same was seized under Vehicle Check Report No.2320122 by the Motor Vehicle Inspector, Ranga Reddy District, on the ground that the petitioner failed to produce the required documents at the time of inspection, without following the procedure prescribed under law and without conducting any enquiry. The petitioner further states that if the vehicle is not released, pending enquiry, the same may be exposed to bad weather conditions and its value may be diminished. The learned Government Pleader, on instructions, submits that the petitioner failed to produce the required documents such as registration certificate, driving licence, proof of tax paid etc., at the time of inspection and therefore, he is liable to pay a sum of Rs.6,930/- towards compounding fee, apart from Rs.17,080/- towards tax, pending enquiry. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner, pending enquiry, on his depositing the compounding fee Rs.6,930/- (Rupees six thousand nine hundred and thirty only), Rs.17,080/- (Rupees seventeen thousand eighty only) towards tax and on furnishing an undertaking that he shall not alienate or alter the nature of the vehicle and shall produce the same as and when required by the authorities. However, it is made clear that the amount paid shall be subject to adjustment or refund, depending upon the final result of the enquiry. No costs. _________________ N.V. RAMANA, J. Dated: 06th March, 2009. KSR