IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2781 of 2009 Between: D. Venkateswara Rao, S/o. Eswara Rao, Hindu, R/o. H.No. 2-141, Kovvuru, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Deputy Transport Commissioner, And Secretary, Regional Transport Authority, Kakinada, East Godavari District. 2 The Motor Vehicles Inspector, Ibrahimpatnam, Ranga Reddy 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 to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the seizure and detention of petitioner's state wide contract carriage vehicle bearing R.No. AP 16 TV 0102 seized under Vehicle Check Report No. 1972821 dt. 7-02-2009 by the 2nd respondent as arbitrary, illegal, void, vitiated unconstitutional, without jurisdiction, contrary to the mandatory provision of Motor Vehicles Act 1988 and violative of the judgement of the Hon'ble Court in 2000(4) ALD 501 and consequently direct the respondents to release the vehicle bearing R.No. AP 16 TV 0102 forthwith to the Petitioner and grant such other relief or reliefs Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No. 2781 of 2009 Oral order: The petitioner is questioning the seizure of his vehicle by the respondents on the ground that the same has been seized in violation of the orders of the Division Bench of this Court in Saleem Tours and Transports Vs. J.T.C. & secretary, RTA, Hyderabad[1]. When the matter was taken up for admission, the learned Government Pleader for Transport appearing on behalf of the respondents submitted that at the time of check, it was found that the petitioner was due and liable to pay an amount of Rs.94,500/- towards tax + Rs.94,500/- towards penalty and Rs.2,500/- compounding fee. The learned counsel for the petitioner submitted that the petitioner is ready and willing to pay the tax amount of Rs.94,500/- + Rs.2,500/- towards compounding fee and the balance amount of Rs.94,500/- towards penalty is concerned, he submitted that the same would be paid subject to the outcome of the enquiry to be conducted by the respondents. In view of the above stand taken by the learned counsel for the petitioner the learned Government Pleader for Transport agreed to the disposal of the writ petition with the following directions: The respondents are directed to release the vehicle to the petitioner subject to the condition of his paying Rs.94,500/- towards tax and Rs.2,500/- towards compounding fee. Insofar as the balance amount of Rs.94,500/- towards penalty is concerned, the same shall be subject to the outcome of the enquiry. The respondents are directed to expedite the enquiry. If, in the enquiry, the petitioner is found to be liable to pay the balance amount of Rs.94,500/- towards penalty, they are at liberty to collect the same. Accordingly, the writ petition is disposed of. No costs. _______________ N.V.RAMANA,J Dated: 13th February, 2009 KSR [1] 2000(4) ALD 501