IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 25934 of 2008 Between: Godishala Prabhakar, S/o. Mr. G. Venkataiah, r/o. H.No. 2-163/4, Paikajinagar, Asifabad Town & Mandal, Adilabad District. ..... PETITIONER AND 1 The Regional Transport Authority Mancherial, Adilabad District. 2 The Motor Vehicle Inspector, Asifabad, Office at Asifabad Mandal, Adilabad 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 awrit, order or direction, more particularly a writ of mandamus declaring the seizure on 07-11-2008 of the petitioner's Vehicle LMV Tractor Bearing Registration No. AP 01f8839 by the Respondents is illegal and void in the interest f justice and equity or pass Counsel for the Petitioner:MR.MOHAMMED RAHAIL AHMED Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE P.V. SANJAY KUMAR W.P.No. 25934 of 2008 Oral Order: (Per: GR, J) The petitioner’s tractor bearing registration No. AP-01- F-8839 along with a trailer bearing Chasis No. 36/2008 were checked on 07-11-2008 while allegedly proceeding from Asifabad to Burguguda with a load of sand. The vehicle check report dated 07-11-2008 sets out the offences committed in the movement of the vehicles. Aggrieved by the seizure, the writ petition is filed. The first respondent by a Memo dated 24-12-2008 issued a demand notice determining the tax payable by the petitioner on the tractor at Rs.6,520-00 and on the Trailer at Rs.12,200-00 while the penalty on the two vehicles in question was determined at Rs.12,600-00 and Rs.23,640-00 respectively. It is stated by the learned Government Pleader that the total compounding fee due on the tractor and trailer is Rs.2,600-00. It is the admitted position at the bar that as against the penalty demand, the petitioner has an appellate remedy before the appellate authority – the Transport Commissioner/Deputy Transport Commissioner. In the facts and circumstances of the case, we consider it appropriate to dispose of the writ petition directing the petitioner to pay an amount of Rs.18,720-00 (i.e., Rs. 6,520-00 and Rs.12,200-00 towards the tax component on the tractor and trailer respectively) plus an amount of Rs.2,600-00 towards the compounding fee for the tractor and trailer; and on the petitioner tendering the said amount to the first respondent, the first respondent shall forthwith release the tractor and trailer in favour of the petitioner. The liability of the petitioner to pay the penalty for the tractor and trailer as determined in the impugned demand notice of the first respondent dated 24-12-2008 shall be subject to the result of the appeal that may be filed by the petitioner within a period of two weeks from the date of receipt of a copy of this order before the appellate authority. The writ petition is accordingly disposed of. No costs. ____________________ GODA RAGHURAM, J _________________________ P.V. SANJAY KUMAR, J Dated: 29-12-2008 Pvks