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 MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 56 of 2009 Between: Atram Chandu, S/o. Sri A. Paiku, R/o. Dampur, Asifabad Mandal, Adilabad District. ..... PETITIONER AND 1 The Regional Transport Authority, Mancherial, Adilabad District. 2 The Motor Vehicle Inspector, Asifabad Office at Asifabad Mandal, Adilabad District. .....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 a Writ of Mandamus declaring the seizure on 13-10-2008 of the Petitioner's Vehicle LMV Tractor Bearing Registration No. AP-1/U 1882 by the Respondents is illegal and void in the interest of justice and equity. Counsel for the Petitioner:MR.MOHAMMED RAHAIL AHMED Counsel for the Respondents : GP FOR TRANSPORT The Court made the following : ORDER: (Per DSRV, J ) The petitioner is the owner of a Tractor bearing Registration No.AP-1/U 1882 with trailer No.AP-1/U 1883, registered at the office of RTA, Mancheriyal, Adilabad District on 15.02.1999 with Hire Purchase Agreement with the Assistant Project Officer, I.T.D.A., Utnoor, Adilabad District. It is stated that the petitioner belongs to a Schedule Tribe and is purchased the said tractor by availing the loan granted by the Government of Andhra Pradesh for upliftment and welfare of the downtrodden community. While so, the second respondent seized the said vehicle under check report No.0885313 dated 13.10.2008 when the vehicle was proceeding from Asifabad to Dampur with a load of stones on the ground that the petitioner failed to produce the required documents, such as, Registration Certificate, Tax Permit, Fitness Certificate, Driving Licence and Pollution Under Control at the time of inspection and kept the same at APSRTC bus deport for safe custody. The case of the petitioner is that the said vehicle was seized when it was taken to the mechanic shop for repairs. The said vehicle is covered with the payment of tax, Insurance Certificate, Permit, Pollution Under Control and Fitness Certificate etc. Though the petitioner requested the first respondent for release of the vehicle, he rejected the same and illegally detained the vehicle without passing any demand order assessing the tax. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. Having regard to the facts and circumstances of the case, the respondents are directed to release Tractor bearing No.AP-1/U 1882 with Trailer No.AP-1/U 1883 in favour of the petitioner on condition of his depositing a sum of Rs.10,000/- before the first respondent and on filing an undertaking that he will not alienate or transfer the said vehicle and he shall produce the same as and when required during the course of enquiry and also on production of all the required documents under the vehicle Check Report dated 13.10.2008. With the above directions, the Writ Petition is disposed of. No costs. ______________ D.S.R.VARMA, J ________________ V. ESWARAIAH, J Date:07.01.2009 sj