IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5582 of 2010 Between: T. Srinivas ..... PETITIONER AND 1 The Deputy Transport Commissioner, Warangal, Warangal District and another. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5582 of 2010 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the seizure of the petitioner’s Tractor and Trailer bearing Registration No.AP 36 T 6620/AP 20 T 1103 vide Vehicle Check Report No.1503771, dated 23.2.2010 under Section 8 of the A.P. Motor Vehicle Taxation Act and Section 207 of the M.V. Act, as illegal and arbitrary and consequently, to direct the respondents to release the vehicle. The main grievance of the petitioner is 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 on instructions submitted that the vehicle has been found plying without valid documents and without any proof of payment of tax and therefore, the vehicle may be directed to be released on payment of the tax. We see some force in the contention of the learned Government Pleader. 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, 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.10,000/- (Rupees Ten Thousand only) 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 Nooty Ramamohana Rao Date: 11th March, 2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5582 of 2010 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 11/03/2010