THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.28339 of 2011 Dated 19th October, 2011 Between: Hamed Bin Abdulla …Petitioner And The Joint Transport Commissioner and Secretary, Regional Transport Authority, Khairatabad, Hyderabad and another …Respondents Counsel for the petitioner: Sri G.Arun Kumar Counsel for respondents: AGP for Transport The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in seizing the petitioner’s vehicle, bearing registration No.KL-07-AF-9099, under vehicle check report No.1088300, dated 15.10.2011, as illegal and arbitrary. I have heard Sri G.Arun Kumar, learned counsel for the petitioner, and the learned Assistant Government Pleader for Transport representing the respondents. The vehicle, bearing the above-noted registration number and belonging to the petitioner was seized by respondent No.2 on the following allegations: “Plying as Express Stage Carriage between Vijayawada to Hyderabad, which is violation of permit condition and liable to pay tax for Rs.2,625/- per seat. Passengers statement obtained.” The petitioner stated in his affidavit that when he sought to file an application before respondent No.1 for release of the seized vehicle, he did not find anyone in the office to entertain the same in view of the general strike of the employees of the transport department in the Telangana Region. Ordinarily, this Court would not entertain a writ petition filed seeking release of the vehicle unless an application is filed before the competent authority in that regard. But, having regard to the admitted position that the office of respondent No.1 is virtually non-functional on account of the general strike, this Court is inclined to entertain this writ petition relaxing the ordinary rule and dispose of the same in the interests of justice with the direction to the respondents to release the seized vehicle subject to the following terms: (1) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only), which shall be subject to the outcome of the pending enquiry and (2) he shall produce the ownership and other relevant documents relating to the seized vehicle, apart from giving an undertaking before respondent No.1 that he will not alienate or in any manner change the character of the seized vehicle pending the enquiry. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.34994 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 19th October, 2011 Note: Issue CC in two days. (b/o) VGB