IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24020 of 2008 Between: K. Joga Rao, S/o. Ramoji, R/o. 37-12-47/2, N.G.O's Colony, Muralinagar, Visakhapatnam. ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Visakhapatnam. 2 The Motor Vehicles Inspector, The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Visakhapatnam. .....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 particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in insisting to pay the diﬀerence to tax for release of the vehicle bearing No. AP/16X- 6886 seized under vehicle check report No. 226081, Dated 1- 11-2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently direct the respondent 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 : ORDER: (Per Sri A. Gopal Reddy, J) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport and with their consent, the writ petition is disposed of at the stage of admission. The petitioner is the owner of heavy motor vehicle (omni bus) bearing registration No. AP/16X 6886. While, it was used as a contract carriage on 01-11-2008, the Motor Vehicle Inspector stopped the vehicle and found that the permit, R.C., I.C., F.C., were not produced and the petitioner was carrying 63 passengers whose statements revealed that they are travelling from Palasa to Simhachalam and, therefore, the vehicle was seized under check report No. 226081, dated 01-11-2008 and kept at A.P.S.R.T.C Depot, Maddilapalem Depot. Learned Government Pleader for Transport submits that on the petitioner depositing Rs.20,000/- towards the diﬀerence of tax for the conversion of the vehicle, the vehicle can be released with usual undertaking. In view of the same, the respondents are directed to release the vehicle in question on the petitioner depositing a sum of Rs.20,000/- and furnishing an undertaking that he will produce the vehicle as and when required before the enquiring authority for ascertaining the diﬀerence of tax and penalty and that he shall not transfer the vehicle or create any third party right in it until the enquiry is completed. The writ petition is accordingly disposed of. A. GOPAL REDDY, J VILAS V. AFZULPURKAR, J 05-11-2008 ks ........REGISTRAR To 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Visakhapatnam. 2 The Motor Vehicles Inspector, The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Visakhapatnam. 3 Two CCs to the Government Pleader for Transport, High Court of Andhra Pradesh, Hyderabad (OUT). 4 Two CD copies.