IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21104 of 2008 Between: R. Lokanadha Naidu, S/o. Doraswamy Naidu, R/o. 46 , 2nd Cross Street, Thirumal Nagar, Pondicheri, Thamilnadu-13 ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep by its Motor Vehicle Inspector, Machilipatnam, Krishna District. 2 The State of Andhra Pradesh, Rep by its Deputy Transport Commissioner & Secretary, Regional Transport Authority, Vijayawada, Krishna District. 3 The State of Andhra Pradesh, Rep by its Superintendent of Police, Vigilance & Enforcement, Vijayawada, Krishna 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 issue a Writ of Certiorari calling for all the connected records including the impugned vehicle check report bearing No.J580/28-08- 2002/65,000 in respect of the petitioner SKODA car bearing No.Py-01-9990 and quash the same as illegal, improper, unjust, arbitrary and contrary to law and further direct the respondent no.1 to 3 to release the petitioners SKODA Car bearing No.Py.01-9990. Counsel for the Petitioner: SRI.K.RAMAMOHAN- MAHADEVA Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21104 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is ﬁled questioning the seizure of petitioner’s SKODA car bearing No.PY-01-9990, under vehicle check report No.J.580/28.8.2002/65,000 and seeking a direction to the respondents to release the car of the petitioner forthwith. The vehicle in question was seized by the 1st respondent on 18.9.2008 on the ground of non-payment of tax. The grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain and therefore, the petitioner made a representation for release of the vehicle. But the authorities refused to release the same. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. While submitting on instructions that the total liability of the petitioner towards tax is Rs.90,000/-, the learned Government Pleader seeks a direction to the petitioner to pay the total amount of tax due and on such payment, the vehicle may be directed to be released. Since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, We feel it a ﬁt case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying the tax of Rs.90,000/- to the respondents and also on production of original documents besides furnishing an undertaking to the eﬀect that the vehicle in question would not be transferred pending enquiry and that it would be produced as and when the same is required by the authorities in the course of enquiry and investigation. It is made clear that this order does not preclude the authorities from proceeding with the regular enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 26th September, 2008 Nn/Gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No:21104 OF 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 26.9.2008