IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14451 of 2008 Between: G.Lakshmaiah, S/o. G.Veeraiah, R/o. 12-1-192/93, Asif Nagar, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, West Zone, Hyderabad. 2 The Motor Vehicle Inspector, O/D at STA Vigilance, O/o. of the Transport Commissiner, Hyderabad. .....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 writ order or direction especially one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No.AP-13-A-4897 vide vehicle check report no.2697730 dated 20.6.2008 is illegal, arbitrary and violative of article 19(1)(G) of the Constitution of India and consequently direct the respondent to release his vehicle and pass Counsel for the Petitioner: MR.CH.RAVINDER Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration No.AP-13-A-4897 vide vehicle check report No. 2697730 dated 20.6.2008, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the present writ petition is filed. Petitioner is registered owner of the road roller bearing Registration No. AP-13-A-4897. While so, on 20.6.2008 when the said vehicle was proceeding for work in Indian IT SEZ at Marredpally, it was inspected by the second respondent and on the ground that there is no proof of vehicle registration and insurance certificate, and payment of tax in Andhra Pradesh and for non-production of the driving licence, it is seized and kept in Pahadishariff Police Station for custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. It is contended by the learned counsel for the petitioner that the vehicle has valid registration and life tax is also paid, though the registration number was not properly visible. The learned Government Pleader for Transport submits that apart from the enumerated irregularities since the engine number is not tallying, the petitioner cannot be allowed to ply the vehicle on road. He further contends that the petitioner is also liable for payment of tax for the State of Andhra Pradesh and, therefore, the vehicle was rightly seized by the second respondent. Taking totality of the circumstances into consideration and having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No. ABI 2416, subject to the petitioner paying the tax amount due as assessed by the Officer, after deducting the amount, if any paid, and on furnishing an undertaking to the effect that the vehicle in question will not be plied on roads, shall not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari. _______________________ Justice Ramesh Ranganathan July 8, 2008 Copy in three days. //BO// MAS. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}