IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 13780 of 2004 Between: Ajmat Khan, s/o Ameer Khan r/o Khan Transport, Manikgarh Cement Work, Gadchandur Taluka, Chandrapur, Maharastra State. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Adilabad District. 2 The Motor Vehicle Inspector, Enforcement, Karimnagar 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, or issue an appropriate writ, more particularly one in the nature of writ of Mandamus directing the respondents herein to release the seized vehicle of the petitioner Heavy Goods Vehicle (Lorry) bearing Regd.No.M.H 30 L 258 which was seized by the respondent No.2 herein under vehicle check report No.0135463, dt.30-7-2004 and declare the action of respondents regarding the seizure of said vehicle is illegal, arbitrary, violative of Article 14 of the Constitution of India, and against the mandatory provisions of M.V.Act and its Rules,. Counsel for the Petitioner:MR.S.CHANDRASEKHAR Counsel for the Respondents.: GP FOR TRANSPORT The Court at the admission stage made the following : ORDER: The petitioner is the owner of the lorry bearing No. M.H. 30 L 258 which was seized by the 2nd respondent on 30-07-2004 on the ground that there is no valid permit to enter into A.P.State and the driver of the vehicle has not possessed other required documents and issued a check report on the same day. The petitioner appears to have made a representation on the same day to the 1st respondent contending that he has got documents alleged to be not submitted at the time of checking and requested to release the vehicle. The matter is pending with the 1st respondent. 2. The learned counsel for the petitioner represents that since the vehicle is kept idle exposing to light and rain, it is likely to be damaged. Therefore, he requested to release the vehicle for interim custody. 3. Since the enquiry is pending before the 1st respondent, the vehicle in question is directed to be released to the petitioner for interim custody on condition of his depositing Rs.10,000/- (Rupees Ten thousand only) with the 1st respondent and on such deposit the respondents shall release the vehicle for interim custody of the petitioner on further conditions that he shall not transfer the vehicle or sell the vehicle in favour of others or shall not change or modify the vehicle during the period of interim custody. The petitioner shall produce the vehicle as and when required by the 1st respondent and shall participate in the enquiry before the 1st respondent on the check report issued by the 2nd respondent. 4. The writ petition is accordingly disposed of at the admission stage. No order as to costs. ____________________ Dr. G.YETHIRAJULU, J Dated: 04-08-2004. NOTE: Wire at party’s costs B/o Chvn/DSR. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Regional Transport Authority, Adilabad District. 2 The Motor Vehicle Inspector, Enforcement, Karimnagar District. 3, Two C.Cs. to the G.P. for Transport, High Court Buildings, Hyderabad(OUT). 4. Two C.Ds.