IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5463 of 2010 BETWEEN: M/s.L.G.Flora Medicals, rep by its Proprietor Ch.Neeraja ..... PETITIONER(S) AND The Secretary, Regional Transport Authority, East Zone, Hyderabad and another .....RESPONDENT(S) HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5463 of 2010 ORDER: Heard Sri Ch.Ravinder, learned counsel for the petitioner, and the learned Government Pleader for Transport appearing on behalf of the respondents. At their request the writ petition is being disposed of at the stage of admission. The petitioner is the owner of vehicle bearing No.AP-11W-6372. On 21.03.2009 the vehicle was seized by the 2nd respondent, vide Vehicle Check Report No.1700050, alleging that the documents of the vehicle were not produced and there was no proof of payment of life tax. The petitioner would submit that his efforts to have the vehicle released were in vain. He would seek a direction from this Court to the respondents to release the vehicle. Under Section 207(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as – ‘the Act’), where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. Rule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989 (hereinafter referred to as – ‘the Rules’), deals with the procedure to be followed with regard to an application to be made under Section 207(2) of the Act. A Division Bench of this Court in SALEEM TOURS & TRAVELS VS. JT. TRANSPORT COMMR., R.T.A., HYDERABAD[1] held that a vehicle, plying in breach of the conditions of the permit as regards the purpose of usage of the vehicle, can be seized under Section 207 of the Motor Vehicles Act; the vehicle so seized cannot be detained for an unduly long time and, on an application filed by the vehicle operator or the owner, the vehicle should be released with expedition subject to stipulation of conditions to ensure non-alienation of the vehicle and the production of the vehicle in connection with the enquiry; such conditions would include furnishing of cash security of a reasonable amount which could be adjusted later on towards compounding fee or tax if any demanded; the vehicle should be released within a reasonable time i.e. within three days from the date of receipt of the application; and, in case the vehicle was not so released or the conditions imposed for its release were onerous, resort could be had to the remedy under Article 226 of the Constitution of India. Following the judgment of the Division Bench in SALEEM TOURS & TRAVELS case (1 supra), the petitioner is permitted to file an application under Section 207(2) of the Act before the 1st respondent within two days from the date of receipt of a copy of this order, after complying with the requirements of Rule 448-B of the Rules. In case the petitioner files such an application, the 1st respondent shall, within three days of receipt of the application, pass appropriate orders in accordance with law for release of the vehicle in question. The 1st respondent may impose reasonable conditions for the release of the vehicle. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. ______________________________ RAMESH RANGANATHAN, J. 10th March 2010 CVRK Note: Issue copy by 15.03.2010. B/o CVRK [1] AIR 2000 ANDHRA PRADESH 497