IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6981 of 2008 Between: P. Yellaiah, S/o. P. Pochaiah, R/o. H.No. 56-45, Narayanraopet Village, Siddipet Mandal, Medak District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Principal Secretary, Transport Department, Secretariat, Hyderabad. 2 The Regional Transport Officer, Siddipet, Medak District. 3 The Station House Officer, Siddipet Police Station, Siddipet Medak 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 to issue a Writ order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the Regional Transport Officer, Siddipet Medak District, in seizing the Tractor & Trailer bearing Registration Nos. AP 04 T 1066 and AP 04 T. 1067, which are exclusively used for agriculture purposes, as illegal, arbitrary and unjust and contrary to the provisions of the M.V. Act Taxation Act 1963, and the rules framed there under and thenotification issued and pass Counsel for the Petitioner:MR.K.SRINIVASA CHARY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: (per Hon’ble Sri Justice B.Prakash Rao) Heard Sri K.Srinivas Chary, learned counsel for the petitioner and the learned Government Pleader for Transport, and at their request, the writ petition itself is taken up for disposal at the stage of admission. The petitioner seeks to assail the action of the second respondent herein in seizing the tractor & trailor bearing Nos.AP 04 T 1066 and AP 04 T 1067 as illegal and arbitrary. Sri K.Srinivas Chary, learned counsel for the petitioner, submits that, in fact, the tractor is being used for agricultural purposes and therefore, the question of non-payment of any tax does not arise, that the other irregularities pointed out by the respondents are not correct and that the petitioner is in possession of all the materials in support thereof. Learned Government Pleader for Transport, on instructions, submits that the vehicle in question is used for commercial purpose i.e. for transporting stones and that the tax was due from the year 1998 and hence, no indulgence need be shown against the petitioner. Having heard the learned counsel and on perusal of the material on record, we are of the view that since the enquiry has to be conducted, it would suffice, in the interest of justice, to direct the respondents to release the vehicle subject to payment of tax of Rs.30,000/- (rupees thirty thousand only) within a period of six weeks from today. However, the respondents are at liberty to proceed with the enquiry and determine the tax liability as per law. The vehicle in question shall be released only on payment of the aforesaid tax amount and on filing an undertaking to the effect that the petitioner shall not alienate or in any way encumber the vehicle till the entire proceedings are completed. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________ B. PRAKASH RAO, J Date:01-04-2008 ____________________ C.Y.SOMAYAJULU, J Note:Communicate operative portion by wire at party’s cost. B/o usd To 1 The Principal Secretary, Government of Andhra Pradesh, Transport Department, Secretariat, Hyderabad. 2 The Regional Transport Officer, Siddipet, Medak District. 3 The Station House Officer, Siddipet Police Station, Siddipet Medak District 4 Two CCS to G.P. for Transport, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.