IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5454 of 2009 Between: B. Shyamsunder Reddy, S/o. Laxma Reddy, B.No. MZV 6327, R/o. Vemulapally, Mogullapally Mandal, Warangal District. ..... PETITIONER AND 1 The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar. 2 The Motor Vehicle Inspector, Karimnagar 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 to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the second respondnt in seizing the petitioner's Jeep bearing Registration No. MZV 6327 seized under the Check Report No. 0423316, dated 3-2-2009, as arbitrary and illegal and consequently direct the respondents herein to release the Jeep bearing Registration No. MZV 6327 in the favour of the petitioner and pass Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No. 5454 of 2009 Oral order: The petitioner is questioning the seizure of his vehicle by the respondents on the ground that the same has been seized in violation of the orders of the Division Bench of this Court in Saleem Tours and Transports Vs. J.T.C. & secretary, RTA, Hyderabad[1]. When the matter was taken up for admission, the learned Government Pleader for Transport appearing on behalf of the respondents submitted that at the time of check, it was found that the petitioner was due and liable to pay an amount of Rs.6,800/- towards tax , Rs.3,400/- towards penalty and Rs.5,300/- compounding fee. The learned counsel for the petitioner submitted that the petitioner is ready and willing to pay the tax amount of Rs.6,800/- + Rs.5,300/- towards compounding fee and the balance amount of Rs.3,400/- towards penalty is concerned, he submitted that the same would be paid subject to the outcome of the enquiry to be conducted by the respondents. In view of the above stand taken by the learned counsel for the petitioner the learned Government Pleader for Transport agreed to the disposal of the writ petition with the following directions: The respondents are directed to release the vehicle to the petitioner subject to the condition of his paying Rs.6,800/- towards tax and Rs.5,300/- towards compounding fee. Insofar as the balance amount of Rs.3,400/- towards penalty is concerned, the same shall be subject to the outcome of the enquiry. The respondents are directed to expedite the enquiry. If, in the enquiry, the petitioner is found to be liable to pay the balance amount of Rs.3,400/- towards penalty, they are at liberty to collect the same. Accordingly, the writ petition is disposed of. No costs. _______________ N.V.RAMANA,J Dated: 18th February, 2009 KSR [1] 2000(4) ALD 501