IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9776 of 2008 Between: M.A. Rafeeq, S/o M.A. Gafoor, R/o Rakkaspet(V), Bodhan Nizamabad District. ..... PETITIONER AND 1 The Secrtary/Dy. Transport Commissioner, Nizamabad, Nizamabad District. 2 The Motor Vehicles Inspector Koratla, Karimnagar 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 of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the Respondents in seizing the petitioner vehicle bearing No. AAJ/T.5433 on 10-04-2008 vide V.C.R. No. 0224030 by the 2nd respondent, as arbitrary, illegal and further direct the Respondents to release the said vehicles to the petitioner pending enquiry and pass such other order or orders. Counsel for the Petitioner: MR.P.VENKATA RAO Counsel for the Respondents : GP FOR TRANSPORT The Court made the following : ORDER: In this writ petition the petitioner is seeking a direction to the 2nd respondent to release his vehicle bearing No.AAJ/T.5433 which was seized by the authorities on 10.4.2008 vide VCR No.0224030 and kept at Ibrahimpatnam Police Station for safe custody. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Transport. The learned Government Pleader on instructions submits that the petitioner has not paid any tax or penalty from 1.10.2005 onwards and that he is liable to pay Rs.20,160/- towards tax and penalty. In view of the above submission made by the learned Government Pleader, the action of the authorities in seizing the vehicle cannot be found fault with. Admittedly, the petitioner has not paid the tax from 1.10.2005 onwards. Therefore, the vehicle cannot be released until the petitioner pays all the dues. If the petitioner wants release of his vehicle, he shall approach the 2nd respondent and if the petitioner clears all the dues, the respondents shall release the vehilcle. With the above observation, the writ petition is dismissed. N.V.RAMANA,J DT.1.5.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary/Dy. Transport Commissioner, Nizamabad, Nizamabad District. 2 The Motor Vehicles Inspector Koratla, Karimnagar District. 3 2CCs to Govt.Pleader for Transport, High Court of A.P. Hyd (OUT) 4 2CD copies