IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 28497 of 2008 Between: B. Venkatesh, S/o. Sailu, R/o. Bandamure (V), Manchal Mandal, R.R. District. ..... PETITIONER AND 1 The Commissioner of Transport, A.P. at Hyderabad. 2 The Regional Transport Authority, R.R. District, at Attapur. 3 The Regional Transport Officer, Ibrahimpatnam, R.R. District. 4 Inspector of Motore Vehicles, R.T.A. Nagole, R.R. District. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in imposing the fine to the tune of 200% of the actual tax amount as well as in noit accepting to receive the actual tax for release of the petitioner's vehciel as illegal, improper, unjust, against to the natural justice, and consequently direct the respondents to release his seized Tractor vide Registration No. AP-29/BD-3305 and Trally vide bearing No. AP 28U 6672, to him forthwith by accepting the original tax due from me and pass Counsel for the Petitioner:MR.G.LNARASIMHA RAO & ASSOCIATES Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.28497 OF 2008 ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) Under a check report dated 22.10.2008 the fourth respondent detained the petitioner’s tractor bearing registration No.AP-29/BD-3305 and trailer bearing registration No.AP-28/U-6672. The petitioner asserts ownership of both vehicles. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. From the information received by the learned Government Pleader for Transport on instructions, it would appear that while the tractor is registered in the name of the petitioner-B.Venkatesh S/o Sailu, the trailer is registered in the name of V.Venkatesh S/o Maraiah. According to the petitioner, he purchased the trailer a week prior to the check and detention of the same from V.Venkatesh. On instructions, the learned Government Pleader also states that the tax due on the tractor is Rs.440/- and the penalty due thereon for the violation recorded by the fourth respondent in the vehicle check report is another amount of Rs.440/-. In the case of the trailer, the learned Government Pleader states that the tax liability for the period 01.07.2001 to 31.12.2008 is Rs.23,800/- and the penalty amounts to Rs.47,600/-, a total of Rs.71,400/-. A compounding fee of Rs.8,625/- is also payable on the trailer. The learned Government Pleader, however, states that since the trailer is not registered in the petitioner’s name, he cannot seek its release in his favour unless he makes an application for release of the vehicle under Rule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989 accompanied by an application in Form No.29 and/or 30 read with Section 50 of the Motor Vehicles Act, 1988 duly executed by the registered owner, applying for transfer of the trailer in his favour. In the facts and circumstances of the case, the respondents 2 and 3 are directed to release the tractor bearing registration No.AP-29/BD-3305 to the petitioner on the petitioner paying the amount of Rs.440/- towards the tax liability on the tractor. The liability of the petitioner to the penalty component shall be subject to the enquiry and final determination by the respondents 2 and 3. Insofar as the trailer is concerned, the petitioner is at liberty to approach the authorities for its release with an application under Rule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989 along with an application in Form No.29 and/or 30 read with Section 50 of the Motor Vehicles Act, 1988 duly executed by the registered owner for transfer of registration of the trailer in the petitioner’s favour. On such an application is being made, the respondents would consider the same in accordance with law but expeditiously. The writ petition is disposed of with the above directions at the stage of admission. No costs. _______________________ GODA RAGHURAM, J. ____________________ SANJAY KUMAR, J. 30th December, 2008. VGSR / PGS