THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31140 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the seizure of the petitioner’s vehicle bearing No. AP 28 Y 3509 vide vehicle check report No.1696512, dated 22-11-2011 as illegal and arbitrary and contrary to provisions of the Motor Vehicles Act, 1988 (for short ‘the Act’) and consequently direct the 1st respondent to release the vehicle. 2. Heard. 3. The vehicle in question was seized by the 2nd respondent for violation of certain illegalities under the Act. The violation is overloading of sand in carrying the vehicle. Even at the time of seizure of the vehicle, the documents relating to the vehicle were not produced, but the petitioner is having all necessary documents. Penalty for overloading of sand in the vehicle has not been adjudicated by the 2nd respondent. 5. Therefore, the Writ Petition is disposed of. Interim custody of the vehicle in question shall be given to the petitioner subject to deposit of Rs.10,000/- (Rupees ten thousand only) with the 1st respondent and production of all relevant documents under the Act. The above deposit shall be subject to enquiry that is pending with the 2nd respondent. It is needless to observe that after release of the vehicle, the authority can proceed further to determine the overload charges or penalty payable in pursuance of the check report. No order as to costs. --------------------- K.C.BHANU, J DATED: 25-11-2011 Note: Issue operative portion of order by wire Hsd