IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.25285 of 2008 Between: T. Bhanu Prasad S/o. T. Venkata Rattaiah R/o. Satyanarayana nagar, Karwan, Hyderabad. ..... PETITIONER AND 1 The Joint Transport Commissioner, Regional Transport Authority Khairatabad, Hyderabad. 2 The Motor Vehicles Inspector Vigilance & Enforcement, State Transport Authority, 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 a writ order or direction particularly one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. KA/05C -2710 seized under Vehicle Check Report NO. 0020108, dt. 14-11-2008 by the 2nd Respondent as illegal, arbitrary unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner: MR.B.SIVA RAMA KRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.25285 of 2008 ORDER: (per the Hon'ble Sri Justice Ghulam Mohammed) This writ petition is filed for issuance of writ of mandamus declaring the seizure of the petitioner's vehicle bearing No. KA/05C- 2710 under Vehicle Check Report No.0020108, dated 14.11.2008 by the second respondent as illegal, arbitrary unjust and consequently to direct the respondents to release the said vehicle forthwith. It is stated that the petitioner is the owner of the said vehicle and the same is covered by all valid documents and that he is operating the vehicle on hire on payment of lumpsum amount by obtaining special permits under Section 88(8) of the Motor Vehicles Act, 1988. It is also stated that since a party has engaged the said vehicle from Hyderabad to Sabarimalai and back, he obtained special permit No.AP009/9925/TPCC/2008 valid from 13.11.2008 to 24.11.2008. At the last moment that party has cancelled the trip at late hours and another party has engaged the vehicle to go to Machilipatnam via., Ponnur and therefore he requested his agent to obtain another permit on 14.11.2008. On 14.11.2008 at 10.00 a.m., while the vehicle was going to Machilipatnam via., Ponnur, the second respondent stopped the vehicle, checked and seized the same on 14.11.2008 under Vehicle Check Report No.0020108. It is further stated that he has paid the tax of Rs.34,830/- for Q.E. 31.12.2008. On 15.11.2008 when he approached the first respondent for release of the vehicle, the first respondent refused to receive the application and insisted to pay the difference of tax amount. 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 only get damaged, the writ petition is disposed of directing the respondents to forthwith release the subject motor vehicle to the interim custody of the petitioner subject to the petitioner depositing Rs.15,000/- (Rupees fifteen thousand only) and on filing an undertaking that he would not transfer the vehicle pending enquiry and that he would produce the vehicle as and when the same is required by the respondent authorities in the course of enquiry and investigation. No costs. GHULAM MOHAMMED, J B.SESHASAYANA REDDY, J Date: 18.11.2008 va