IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 11568 of 2004 Between: R.A. Narayana Reddy S/o Rami Reddy, Manager, Indian Public School, Narukur Center, Nellore Rural Mandal Nellore District ..... PETITIONER AND 1 Deputy Transport Commissioner & Regional Transport Officer, Nellore, Nellore District. 2 Motor Vehicles Inspector, Nellore, Nellore 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 an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing and detaining the Petitioner's Light Motor Vehicle (Mahindra School Van) bearing Registration No. TCH 3304, Pursuant to the Vehicle Check Report No. 2174228, dated 25-06-2004 of the 2nd respondent as illegal, arbitrary and contrary to law and consequently direct the respondents herein to release the said vehicle to the petitioner, forthwith and pass such other or further orders as are necessary. Counsel for the Petitioner: MR.V.NARASIMHA REDDY Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER: The petitioner’s vehicle bearing registration No.TCH 3304 was seized by the 2nd respondent on 25.06.2004 under Vehicle Check Report No.2174228 for non-availability of certain documents at the time of check. Whether the petitioner violated any of the rules of the Motor Vehicles Act or not has to be decided by the appropriate authority. The petitioner made a representation to the first respondent to grant interim custody of the vehicle but the same has not been considered. It is not desirable in the interest of parties to keep the said vehicle idle exposed to sunlight and rain causing damage to it. The writ petition is accordingly disposed of, directing the first respondent to release the vehicle bearing registration No.TCH 3304 on condition of the petitioner depositing a sum of Rs.5,000/- (Rupees five thousand only) and also subject to the following conditions: 1. that the petitioner shall not alienate or transfer the vehicle; 2. that the petitioner shall produce the vehicle as and when required by the concerned authority. _________________ (K.C.BHANU, J) 08.07.2004 Issue cc by Tomorrow. B/o dr To 1 Deputy Transport Commissioner & Regional Transport Officer, Nellore, Nellore District. 2 Motor Vehicles Inspector, Nellore, Nellore District. 3 Two CCs to Government Pleader for Transport, High Court of A.P., High Court buildings, Hyderabad. (OUT) 4 Two CD copies.