IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH 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 : 6006 of 2008 Between: S. Sekhar S/o. Selva Raji Reddy R/o. No.3, Thampallam Village, Gummidipoondi TQ. Tiruvallur, Tamil Nadu. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Nellore, Nellore District. 2 The Motor Vehicles Inspector, Nellore, Nellore 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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the petitioner vehicle bearing Registration No. TN 23 J 7993 vide the 2nd respondent's Vehicle Check Report No.2204253, dt. 27.02.2008 as illegal, arbitrary, unjust and unreasonable and consequently direct the respondents to release the said vehicle forthwith to the petitioner herein and to pass Counsel for the Petitioner:SMT.M.VINOBHA DEVI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HOUNOURABLE SRI JUSTICE B. PRAKASH RAO & THE HOUNOURABLE SRI JUSTICE C.Y.SOMAYAJULU W.P. No. 6006 of 2008 ORDER (per Sri Justice B.Prakash Rao) 1. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Transport, who takes notice on behalf of the respondents and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. 2. It appears that the petitioner’s Heavy Goods Vehicle (Goods Carriage) bearing Registration No. TN 23 J 7993 was seized vide vehicle check report, dated 27-02-2008 by the second respondent on the ground that the said vehicle was carrying excess load and violated the conditions of the permit. 3. The learned Government Pleader for Transport, on instructions, submitted that the petitioner fell in arrears of tax and penalty and therefore, no orders be passed in favour of the petitioner. 4. Having heard the submissions on either side and having regard to the fact that enquiry has to be conducted by the respondents and also having regard to fact that the petitioner and his vehicle belong to the other State, it would suffice in the interest of justice to direct the respondents to release the vehicle in favour of the petitioner subject to some conditions. 5. The writ petition is disposed of, directing the respondents to release the vehicle bearing Registration No. TN 23 J 7993 seized under vehicle check report, dated 27-02-2008 in favour of the petitioner on condition of petitioner depositing Rs.21,000/- within a period of one week from today and further subject to filing an undertaking to the effect that he shall not alienate or in any way encumber the vehicle. It is needless to mention that the payment so made would be subject to the ultimate determination of the liability of the petitioner towards tax and penalty etc. No order as to costs. _______________ B.PRAKASH RAO,J _______________ C.Y.SOMAYAJULU,J 25-03-2008 SNote: C.C. in three days. B/o. Stp To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}