IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16193 of 2008 Between: Mohd.Raheemuddin S/o.Yaser R/o.Patel Nagar, Lathur Maharastra ..... PETITIONER AND 1 The Government of Andhra Pradesh,rep.by its Prl.Secretary , Transport Department 2 The Motor Vehicle Inspector, Road Transport Authority Hyderabad(West Zone) .....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 one in the nature of mandamus declaring the actions of 2nd respondent in seizing the vehicle bearing registration No.MH-04CB-6528 under section 8 of AP Motor Vehicle Taxation Act as illegal, arbitrary, and violation of AP Motor Vehicles Taxation Act and consequently to direct the 2nd respondent to release the vehicle bearing registration No.MH-04CB-6528. Counsel for the Petitioner: MR.MIRZASAFIULLA BAIG Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:16193 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is ﬁled seeking to declare the action of 2nd respondent in seizing the vehicle bearing registration No.MH-04CB-6528 under section 8 of AP Motor Vehicle Taxation Act as illegal and in violation of AP Motor Vehicles Taxation Act and consequently, to direct the 2 nd respondent to release the vehicle in question. The vehicle of the petitioner was seized on 23.6.2008 on the ground that the vehicle was plied with passengers in A.P. State. The main grievance of the petitioner is that all the necessary taxes have been paid to Maharastra State and that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. The learned Government Pleader contended that the vehicle belongs to Maharastra State and the petitioner is liable to pay the life tax for running the vehicle in A.P. State and therefore, the vehicle may be directed to be released on payment of liability. In view of the fact that the vehicle viz., Indica Car is comfortable to four passengers only and in view of the submission that the petitioner has already paid life tax in Maharastra state and also in view of the fact that no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, if the same is kept idle, We feel it a ﬁt case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.20,000/- towards tax due, which includes compounding fee, within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the eﬀect that he would not transfer the vehicle pending enquiry and that he would produce the vehicle as and when the same is required by the respondents-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. _________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 29th July, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16193 of 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 29.7.2008