HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2556 of 2010 Dated: 09-02-2010 Between: Syed Jeelani. … Petitioner And The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Anantapur & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2556 of 2010 ORDER : In this writ petition, the petitioner has questioned the seizure of his bus bearing Registration No.KA-28-A-1477, on 1st of February 2010. 2. A perusal of the vehicle check report, dated 01.02.2010, indicate that the petitioner’s vehicle was seized by the Assistant Motor Vehicles Inspector, office of the Deputy Transport Commissioner, Anantapur, when it was proceeding from Rayadurga to Chitradurga with 38 passengers. A perusal of the report and also the written instructions produced by the learned Government Pleader indicate that there are allegations against the petitioner that he has mis-used his vehicle as Express Stage Carriage on the inter-state route from Rayadurga to Chitradurga, by making trips between Chitradurga and Rayadurga as frequently as possible, without adhering to the timings prescribed by the Karnataka State Transport authorities. It is further stated that the exemptions as notified under Section 9(1) of the Motor Vehicles Act, by the state of Andhra Pradesh, also does not apply to the petitioner’s vehicle, as much as it is plying between the terminals, violating the permit conditions. 3. On instructions, it is submitted by the learned Government Pleader appearing for respondents that with the aforesaid violations, the petitioner has avoided to pay the tax payable in the State of Andhra Pradesh for four quarters at the rate of Rs.63,600/- per quarter. On the other hand, it is submitted by the learned counsel for petitioner that he is entitled for exemption as notified by the Government in G.O.Ms.No.1069, dated 22.07.1975, as much as the starting and ending points are in Karnataka State, and the distance covered in the State of Andhra Pradesh is not exceeding 16 Kilometres. 4. In view of the pendency of inquiry before the Deputy Transport Commissioner, Anantapur, it is not desirable to record any finding on the violations alleged against the petitioner. However, since the vehicle was seized on 1st of February 2010, and is kept idle since then, and also, as some more time will be taken for completion of inquiry, I deem it appropriate to dispose of the writ petition, directing the respondents to release the vehicle in question, to the petitioner, on deposit of Rs.1,00,000/- (Rupees one lakh only). In addition to such deposit, the petitioner shall also file a written undertaking to the effect that he will make good the further amounts, if any, levied by way of tax and penalty, pursuant to the show cause notice, dated 03.02.2010, issued in R.No.714/C1/2009. Further, the petitioner shall also give an undertaking to the effect that he will not transfer or alienate the vehicle in any manner, till appropriate orders are passed, pursuant to the show cause notice, dated 03.02.2010. It is needless to observe that the deposit of amount by the petitioner, as directed above, shall be subject to the outcome of inquiry to be conducted in the matter. 5. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 9th February 2010 Note : Furnish C.C. by tomorrow. (b/o) ajr