IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 23 of 2009 Between: K. Sudhakar S/o. K. Peddanna R/o. Bondalawada Village, Narpala Mandal, Anantapur District. ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary Regional Transport Authority, Anantapur District. Anantapur. 2 Motor Vehicles Inspector, Anantapur, Anantapur 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 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 Vehicle bearing Chassis No. 315V1211 and Engine No. EUZ 845484 pursuant to the Vehicle Check Report No. 452808 dt. 11-12-2008 issued by the 2nd respondent as illegal, arbitrary and contrary to law and consequently direct the respondents to release the said vehicle to the petitioner forthwith by accepting the tax for the relevant quarter ending with 31-12-2008 and pass such other or further orders. Counsel for the Petitioner:MR.E.MARUTHI RAJA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO.23 OF 2009 Order: (Per Hon’ble Sri Justice D.S.R. Varma) In this writ petition, the petitioner seeks for a Writ of Mandamus to declare the action of the respondents in seizing and detaining of the petitioner’s vehicle bearing Chassis No. 315 V 1211 and Engine No. EUZ 845484, as illegal and arbitrary. He also sought for a consequential direction for release of his vehicle. Petitioner claims to have purchased JD 315 V Backhoe Loader of May, 2005 Model. According to the petitioner, the said vehicle is covered by temporary Registration No. AP 09 DRT/R0047, valid from 31.5.2005 to 30.6.2005. He claims to have paid the tax for the quarter ending 30.6.2005. Petitioner states that due to some financial problems, he could not register the vehicle permanently and was not using the same. While so, on 11.12.2008, when the vehicle was taken out, the 2nd respondent stopped the same and conducted a check and during the course of check, he found that the driver of the vehicle was not having valid documents like R.C., IC, DL and PUCC and on the ground that he failed to produce any proof of payment of tax. He, therefore, seized the said vehicle under Vehicle Check Report No. 452808, dated 11.12.2008 under Section 207 of the Motor Vehicles Act read with Section 8 of the A.P.M.V. Act. Thereafter, the petitioner approached the 1st respondent seeking release of the said vehicle and also expressed his willingness to pay the tax for the relevant quarter ending 31.12.2008. The grievance of the petitioner is that despite this, the 1st respondent is not releasing the vehicle. In view of the fact that the petitioner is willing to pay the tax for the quarter ending 31.12.2008, it would suffice if a direction is issued to the respondents to release the said vehicle on condition of the petitioner paying the tax component upto 31.3.2009. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle to the interim custody of the petitioner on condition of the petitioner paying the tax component alone, without penalty, upto 31.3.2009 and on condition of the petitioner filing an undertaking that he shall not alienate or alter the nature of the said vehicle and shall produce the same as and when required. However, it is made clear that the collection of penalty will depend upon the final orders that may be passed under the Motor Vehicles Act. The writ petition is accordingly disposed of. No costs. _____________ D.S.R. VARMA,J ______________ V. ESWARAIAH,J Date: 7.1.2009 Pnb Note: Furnish c.c. by tomorrow B/o MAS/VGB