IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELVETH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7 9 9 9 of 2010 Between: Vemuri Vemlata Swamy, s/o Srinivasa Murthy, Aged about 36 years, 0ccupation business, R/o. D.No. 25/916, Lake View Colony, 6th Lane, Podlakur Road, Nellore, Sri Potti Sriramulu, Nellore district. ..... PETITIONER V/s. The Secretary, Regional Transport Authority, Nellore, Sri Potti Sriramulu, Nellore district & Anr. .....RESPONDENTS Counsel for the Petitioner : Sri P.Venkata Rao Counsel for the Respondents: Govt.Pleader for Transport The Division Bench made the following : (Order follows 2nd page) THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7 9 9 9 of 2010 ORAL ORDER: {Per the Hon’ble Smt.Justice T.Meenakumari} This writ petition is filed seeking mandamus to declare the action of the second respondent in seizing the petitioner’s vehicle bearing Regd.No. AP-26Y-7667 as arbitrary, illegal and further to direct the respondents to release the said vehicle to the petitioner, pending enquiry and to pass such other and suitable orders as this Court may deems fit and proper in the circumstances of the case. 2. In the affidavit filed in support of the petition, it is stated that the petitioner purchased temple traveler vehicle bearing Regdn.No.AP26Y-7667 by spending huge amounts and also obtaining loan from the financiers and also third parties with higher rate of interest. The said vehicle is operation as Maxi cab and the same is not used for any other purpose. It is stated that the petitioner paid advance Road tax for the Q.E.30-06-2009 but unfortunately the said vehicle met with an accident on 20-6-2009 and since the vehicle was kept unused at garriage for want of major repair works. On 20-3- 2010 while the said vehicle was proceeding from Nandyal to Nellore after completion of repairs, the second respondent while checking the vehicle issued check report No. 0306782, dated 20-3-2010 alleging that the vehicle is found plying with eight passengers W/o tax I/c. hence seized the said vehicle under section 207 of the AP Motor Vehicles Act and under section 8 of AP Motor Vehicles Act and kept the same at RTO Office, Nandyal for safe custody. 3. It is stated that the petitioner denied the allegations made in the check report and there is no independent evidence from any third parties in support of the said allegations. Hence, in the absence of the same, the allegations levelled by the checking officer against the petitioner cannot be held to be true and the same cannot be relied upon. 4. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Transport and perused the records. 5. In the facts and circumstances of the case, we are of the opinion that the writ petition can be disposed of at the stage of admission directing the petitioner to deposit Rs.10,000/- (Rs. Ten thousand only), pursuant to the impugned check report issued by the second respondent, within a period of four weeks from the date of receipt of a copy of the order but however, the respondents are directed not to take coercive step against the petitioner, pending enquiry into the matter. However, the petitioner shall furnish an undertaking before the second respondent that he shall not alienate, encumber, diminish its value, change its colour or spare parts and that he shall also produce the said vehicle as and when required by the respondents for conducting enquiry into the matter. It is made clear that this order does not preclude the respondents from making enquiry into the matter or proposing to initiate any action against the petitioner. 7. With these directions, the writ petition is disposed of at the stage of admission. However, in the circumstances there shall be no order as to costs. _____________________ Justice T.Meena Kumari ___________________________________ Justice Nooty Ramamohana Rao APRIL 12, 2010. I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE NOORTY RAMAMOHANA RAO WRIT PETITION No. 7 9 9 9 OF 2010 Judgment of the Division Bench delivered by the Hon'ble Smt. Justice T. Meenakumari) Circulation Entry No. 8 7 Date: 12-04-2010 COMPUTER No. 43 Court Master: I s L