IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION No. 5631 of 2008 Between: D.V.Ramana S/o.D.Venkataiah R/o.H.No.19-153, Sanjeeva Nagar, Bethamcherla, Kurnool District ..... PETITIONER AND 1 The Secretary, Regional Transport Authority Kurnool. 2 The Motor Vehicle Inspector, Regional Transport Authority, Kurnool. .....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 issue a writ order direction especially one in the nature of writ of mandamus declaring the seizure of the petitioner Tractor and Trailer bearing numbers AP 21 U 9495 and AP 21 U 8637 vide vehicle check report No.0450842 dated 8.3.2008 is illegal, arbitrary and consequently direct the first respondent to release the same. Counsel for the Petitioner : MR. CH.RAVINDER Counsel for the Respondents : G.P. FOR TRANSPORT The Court made the following : THE HON'BLE MR. JUSTICE D.S.R.VARMA AND THE HON'BLE MR. JUSTICE P.S.NARAYANA WRIT PETITION No.5631 of 2008 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned counsel appearing for the petitioner as well as the learned Government Pleader for Transport, appearing for the respondents. 2. This Writ of Mandamus, under Article 226 of the Constitution of India, is filed seeking to declare the seizure of the Tractor and Trailer, bearing Nos.AP.21.U 9495 and AP.21.U 8637, respectively, vide Vehicle Check Report No.0450842, dated 08.03.2008, belonging to the petitioner, as illegal, arbitrary and consequently direct the first respondent to release the same. 3. It appears, when the disputed empty vehicle along with Trailer was proceeding towards the Temple, the same was seized by second respondent-Motor Vehicle Inspector, Kurnool, under Section 8 of the A.P. Motor Vehicle Taxation Act and under Section 207 of Motor Vehicle Act, 1988 (for brevity “the Act”), vide check report No.0450842, dated 08.03.2008, on the allegation that the documents of the said vehicle were not produced, nor there was any proof of payment of tax for the quarter ending 31.03.2008, specifically the Trailer had no chassis number and that, in spite of producing all the documents, the vehicle was not released. Hence, the present writ petition. 4. It is the contention of the learned counsel appearing for the petitioner that the check report, dated 08.03.2008, was totally false, inasmuch as, all the required documents, such as registration certificate, insurance certificate, driving license etc., including the proof of payment of tax, have been produced before the competent authority. Therefore, he vehemently contends that in spite of producing all the necessary documents before the competent authority, the Tractor along with the Trailer was seized on fictitious grounds mentioned in the check report and the same is totally arbitrary. 5. On the other hand, the learned Government Pleader for Transport, appearing for the respondents, submits that after a detailed investigation into the matter, the competent authority found that the allegations mentioned in the check report as true and, therefore, the seizure of the vehicle is valid. 6. All the above submissions of both sides, in fact, cannot be gone into by this Court. In other words, the truth or otherwise of the allegations and the counter-allegations made by both the parties cannot be examined by this Court, for the simple reason that it requires some amount of expertise, which is possible only in an enquiry by the competent authority under the Act. Therefore, the authority concerned under the Act has to conduct necessary enquiry or examine the matter, in detail, basing on the principles of natural justice only. 7. At this stage, the learned counsel appearing for the petitioner submits that since the seizure was effected, there is any amount of scope for peril of the Tractor as well as the Trailer, inasmuch as, the same would be exposed to rain and shine. Of course, the learned Government Pleader for Transport, appearing for the respondents, submits that the Tractor along with the Trailer, if permitted to be released, the same may be mis-used by the petitioner. 8. Therefore, having regard to the above facts and circumstances, we feel it appropriate to dispose of the writ petition directing the respondents to conduct a detailed enquiry into the allegations levelled against the petitioner in the check report, dated 08.03.2008, which was the basis for the alleged seizure, and pass appropriate orders in the matter. However, we direct the respondents to release the Tractor and Trailer in question on condition of the petitioner depositing a sum of Rs.10,000/- (Rupees ten thousand only), the refund of which is subject to result of the enquiry, and on an undertaking by the petitioner to produce the Tractor and Trailer in question as and when required by the authorities for necessary enquiry. Needless to mention that pending enquiry, the Tractor and Trailer shall not be subjected to alienation or put to any change, whatsoever, in any manner. 9. With the above observations and directions, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE P.S.NARAYANA 17TH MARCH 2008 NOTE: Issue C.C. as expeditiously as possible. (B/O) Msr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Regional Transport Authority, Kurnool. 2 The Motor Vehicle Inspector, Regional Transport Authority, Kurnool. 3. 2 C.Cs. to the Government Pleader for Transport, High Court Buildings, Hyderabad. (OUT). 4. 2 C.D. copies THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MS JUSTICE P.S.NARAYANA WRIT PETITION No. 5631 of 2008 17-03-2008 (Msr)