Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.21780 of 2011 Dated 02nd August, 2011 Between: E.Sasi Kumar …Petitioner And The Joint Transport Commissioner-cum- Secretary, State Transport Authority, Hyderabad and another. …Respondents Counsel for the petitioner : Sri E.Venkata Reddy Counsel for respondents : Assistant Government Pleader for Transport The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the seizure of the petitioner’s lorry bearing registration No.KA-01-C-6078 under Vehicle Check Report No.1451126, dated 29.07.2011, by respondent No.2 as illegal and arbitrary. At the hearing, Sri E.Venkata Reddy, learned counsel for the petitioner, submitted that the issue raised in this writ petition is covered by the judgment, dated 18.05.2011 in Writ Petition No.14182 of 2011, wherein it is held that whenever seizure of a vehicle is made, the owner of the vehicle is entitled to make an application for its release and that, as and when such application is made, the same shall be disposed of by the competent authority under Section 207(2) of the Motor Vehicles Act, 1988 read with Rule 448B of the A.P. Motor Vehicles Rules, 1989. It is further held that the authority should normally direct the release of the vehicle subject to imposition of reasonable conditions within three days from the date of receipt of the application. Curiously, the petitioner being aware and possessed of the above noted judgment has failed to follow the ratio contained therein by directly approaching this Court by way of the present writ petition instead of making an application before the competent authority for the release of the seized vehicle under Section 207(2) of the Motor Vehicles Act, 1988 read with Rule 448B of the A.P. Motor Vehicles Rules, 1989. In the light of the above facts, the writ petition is disposed of, by giving liberty to the petitioner to make an application before respondent No.1 for release of the seized lorry. Within one week from the date of receipt of such application, respondent No.1 shall dispose of the same in the light of the judgment, dated 18.05.2011, in W.P.No.14182 of 2011, referred to above. As a sequel to disposal of the writ petition, W.P.M.P.No.26527 of 2011 filed by the petitioner for interim relief is disposed of. ______________________ (C.V.Nagarjuna Reddy, J) 02nd August 2011 Note: Issue CC in two days. B/o DR