IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10717 of 2008 Between: J. Bichya S/o V. Seveeya A. P. 11.W.8448 residing at H. No. 16-10-380/1/A. Malakpeta. Hyderabad. ..... PETITIONER AND 1. The Regional Transport Officer, Hyderabad East Zone, Hyderabad. 2. The Motor Vehicles Inspector, Driving Testing Track, Nagole, RTA. Hyderabad. .....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, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in Seizing the Vehicle Tempo Trax-Toofan Hardtop bearing No. AP 11.W.8484 on 23-4-2008 vide Check Report No. 1464214 and declare the same as null, and void and also consequently direct the Respondents 1 and 2 to release the petitioners above said vehicle forthwith and to pass such order or other orders as the Hon'ble Court may deem fit and proper. Counsel for the Petitioner: MR.M.VIJAYA KUMAR GOUD Counsel for Respondents: GP FOR TRANSPORT The Court made the following : ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in seizing the petitioner’s vehicle bearing registration No.AP.11.W.8448 on 23.04.2008 under Check Report No.1464214 as illegal and arbitrary. Having heard the learned counsel for the petitioner, I am of the view that the writ petition cannot be entertained in view of the fact that the petitioner has not approached respondent No.1, who is the Competent Authority under Rule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989 to entertain the application and pass orders for release of seized vehicle. Hence the Writ Petition is dismissed permitting the petitioner to file an application before respondent No.1 and respondent No.1 is directed to dispose of the application, if any filed by the petitioner, within a period of three days on receipt of the same in accordance with law. As a sequel to dismissal of Writ Petition, WPMP.No.13998 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ (C.V. Nagarjuna Reddy, J.) 14th May, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Regional Transport Officer, Hyderabad East Zone, Hyderabad. 2. The Motor Vehicles Inspector, Driving Testing Track, Nagole, RTA. Hyderabad. 3. 2 CCs to G.P. for Transport, High Court of A.P. Hyderabad.(OUT). 4. 2 CD copies. Form-NIC-OGS/WP{TRT}Js.