THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 9761 of 2010 ORDER: (Per the Hon’ble Smt. Justice T. Meena Kumari) The writ petition is filed seeking a writ of Mandamus, declaring the seizure and continued detention of petitioner’s LMV Non-Transport Tractor and unnumbered Trailer bearing R.No. AP 28 AM 3850 and Trailer Chassis No. 706-1-2000 seized under Vehicle Check Report No. 831434, dated 24-2-2010 by the 3rd respondent as arbitrary, illegal and consequently to direct the respondents to release the petitioner’s vehicle without insisting for payment of tax. It is stated in the affidavit filed in support of the petition that he is an agriculturist and purchased an agricultural LMV Non-Transport Tractor-Trailer bearing R.No. AP28AM 3850 and AP28AM3851 under Hypothecation Agreement dated 25-10-2001 and that as the trailer became worn out completely and required major body repairs , he decided to purchase another trailer for the purpose of his cultivation till the old one get repaired and after obtaining necessary registration certificate he purchased an old assembled two wheeled trailer bearing Chassis No. 706-1-2000 from Bhagyanagar Engineering and Fabrication Works, Sangareddy on payment of consideration and got replaced the worn out trailer with the above assembled one. It is also stated that while he was proceeding to the office of 1st respondent for reporting the aforementioned replacement of worn out trailer with the assembled one, his tractor-trailer was stopped and checked near Shadnagar by the 3rd respondent and the 3rd respondent prepared a check report dated. 24-2-2010 that I was using the same for transportation of iron Scrap for Zindal Steel and plying without valid documents and payment of tax for the period Q.E. 31-3-2010 and obtained the signature of the driver of vehicle and seized and detained the vehicle. It is also stated that the check report is false and not true and when he approached the 1st respondent for release of the vehicle, the 1st respondent refused to release the vehicle. Hence, the writ petition. When the matter came up for hearing, learned counsel for the petitioner submits that the vehicle check report is not true and is falsely reported that petitioner is using the same for transportation and that the vehicle should not be detained on the ground of contravention of permit. Hence, the seizure of the vehicle is unwarranted and the same has to be released without insisting for any payment of tax. 4. On the other hand, learned Government Pleader submits that the vehicle check report dated 24-2-2010 of the authorities goes to show that the vehicle is used for transportation of iron scrap instead cultivation and hence the petitioner is liable to pay the penalty as demanded by the respondents. 5. Heard both the counsel and perused the material available on record. In view of the facts and circumstances of the case and also taking into consideration the submissions made by both the counsel, we feel it would suffice if a direction be given to the respondents to release the vehicle in question subject to condition of petitioner’s depositing Rs.5,000/- (Rupees five thousand only). 6. The Writ petition is disposed of with a direction to the 1st respondent for the release of the seized vehicle LMV Non-Transport Tractor and unnumbered Trailer bearing R. No. AP28AM 3850 and Trailer chassis No. 706-1-2000 relating to the petitioner herein, on his depositing Rs.5000/- (Rupees five thousand). It is also directed that the petitioner shall produce the vehicle as and when required by the respondents and he shall undertake that he will not alienate the vehicle in question pending enquiry by the respondents. We also make it clear that this order will not preclude the respondents- authorities from conducting any regular enquiry in this regard. ______________________________ JUSTICE T. MEENA KUMARI _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 27/4/2010 Kvrk/rkk THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 9761 of 2010 (Order of the Division Bench delivered by Hon’ble Smt. Justice T Meenakumari) 27th April 2010