IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE DR. JUSTICE G.YETHIRAJULU WRIT PETITION NO : 3768 of 2008 Between: Mohsin Khan S/o.Omer Khan R/o.19-2-230/6/C/5/2, Bhadurpura,Hyd ..... PETITIONER AND 1 The Asst.Secretary Regional Transport Authority(South Zone) Bahadurpura,Hyd 2 The Motor Vehicle Inspector Unit Office Kukatpally R.T.A Rangareddy 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No.KA/20A-4907 seized under vehicle cheek report No.1552987 dt.20-2-2007 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 Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER(Per the Hon’ble Smt. Justice T.Meena Kumari This writ petition is filed seeking a declaration that the seizure of the petitioner’s vehicle bearing registration No.KA/20A-4907 vide Vehicle Check Report No.1552987 dated 20.02.2008 is arbitrary and illegal and consequently to release the vehicle. A perusal of the check report shows that though the seating capacity of the vehicle is 36, it was found that the vehicle was carrying 42 passengers from Hyderabad to Mumbai and, therefore, attracts the tax at Rs.3,675/- per seat. Further the vehicle driver did not produce any type of permit at the time of check. It is submitted by the learned counsel for the petitioner that the vehicle is on the rolls of Andhra Pradesh Transport Authorities and the petitioner has paid the tax as claimed by the respondent. This contention of the learned counsel for the petitioner is vehemently opposed by the learned Government Pleader for Transport and the petitioner is liable to pay the tax at Rs.3,675/- per seat. In view of these contentions and having regard to the fact that enquiry is pending, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. KA/20-A-4907 seized under check Report No.1552987 dated 20.02.2008 subject to the condition of payment of Rs.10,000/- and further condition that that the admitted tax is paid and on furnishing an undertaking to the effect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ T.MEENA KUMARI, J. _____________________ Dr.G.YETHIRAJULU, J. February 22, 2008 Operative portion by wire at party’s costs //BO// MAS ..... REGISTRAR // TRUE COPY // sSECTION OFFICER To 1. The Asst. Secretary, Regional Transport Authority(South Zone) Bahadurpura,Hyd 2 The Motor Vehicle Inspector Unit Office Kukatpally R.T.A R.R Dist 3. 2CCs to 4. 2CD copies