IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 20500 of 2008 Between: Kata Ramappa S/o.Narsappa R/o.Lakkapally Village, Kolar District, Karnataka State. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Chittoor. 2 The Motor Vehicle Inspector, Madanepally, Chittoor 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 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 Tractor Trailer bearing Registration No. KA-07T-8426/KA- 07T-8427 vide Vehicle Check Report No. 1465690, dated 9-8-2007 under Sec. 8 of Andhra Pradesh Motor Vehicle Taxation Act as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to release the Tractor Trailer bearing Registration No. KA-07T-8426/KA-07T- 8427 forthwith to the petitioner, in the interest of justice and grant such other relief and reliefs. Counsel for the Petitioner: MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER(PER T HE HON’BLE SMT . JUST ICE T .MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing and detaining the petitioner’s tractor – trailer bearing registration No.KA-07/T-8426/KA-07/T-8427 vide Check Report No.1465690 dated 9.8.2007 by the second respondent, as illegal arbitrary and to consequently direct the respondents to release the said tractor trailer, the present writ petition is filed. The petitioner is registered owner of the tractor-trailer bearing Registration No.KA-07/T- 8426 and KA-07/T-8427 and paid life tax before the RTO, Kolar, Karnataka State. While so on 9.8.2007, the second respondent conducted a check on the vehicle and found that it was being plied without registration certiﬁcate, Andhra Pradesh Tax and driving licence. He therefore, seized the vehicle and kept at Madanapalle I Town Police Station for custody. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. Learned Government Pleader on instructions submits that there were not documents available with the vehicle or the driver, whereas it is asserted on behalf of the petitioner that the petitioner has all the relevant documents and is ready to face enquiry and, therefore, prayed to release the vehicle. Having regard to these facts and the recording the submission of the learned Government Pleader and the learned counsel for the petitioner that the petitioner has all the relevant documents, without adverting to merits or otherwise, we deem it appropriate to direct the petitioner to ﬁle a representation before the 2nd respondent annexing all the relevant documents. With this direction, the writ petition is disposed of. No order as to costs. ___________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan September 22, 2008 MAS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}