IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE DR. JUSTICE G.YETHIRAJULU WRIT PETITION NO : 3670 of 2008 Between: Syed Quader Hussain S/o.Syed Ahmed Hussain R/o.H.No.10-4-13/11/A/B/1, Sanjay Gandhi Nagar, Masab Tank, Hyderabad. ..... PETITIONER AND 1 The Regional Transport Officer, Mahabubnagar, Mahabubnagar District. 2 The Assistant Motor Vehicles Inspector (Enforcement) Mahabubnagar, Mahabubnagar 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 issue a writ, order or direction especially one in the nature of Writ of Mandamus declaring the seizure of petitioner's Road Roller bearing Engine No. 0411010266 and Chasis No.06113510400 vide vehicle Check Report No.0571540 dated 15.2.2008 is illegal, arbitrary and violative of Article 19(1)(g) of Constitution of India and further declare the action of the 1st respondent in not releasing the Petitioner's vehicle is also illegal and arbitrary and consequently direct the Respondents to release the Petitioner's vehicle and pass such other order or orders. 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 Smt. Justice T.Meena Kumari) This writ petition is filed seeking a declaration that the seizure of the petitioner’s road roller bearing Engine No.0411010266 and chasis No.06113510400 vide Vehicle Check Report No.0571540 dated 15.02.2008 is arbitrary and illegal and consequently direct the respondents to release the vehicle. A perusal of the check report shows that on 15.2.2008, the second respondent seized the said vehicle on the allegation that there is no proof of payment of tax and it was unregistered and without documents and hence, seized the same under Sec. 8 of the A.P. Motor Vehicles Taxation Act. The first respondent issued show cause notice dated 16.2.2008, calling upon the petitioner to show cause as to why life tax of Rs.1,48,310/- and penalty of Rs.1,24,590/- should not be collected. The learned counsel for the petitioner contends that the action on the part of the respondents in seizing the vehicle and not releasing the same, pending enquiry, is illegal and arbitrary. This contention of the learned counsel for the petitioner is vehemently opposed by the learned Government Pleader for Transport and submits that since show cause notice has been issued to the petitioner, the petitioner is required to submit his explanation and this writ petition, filed against the show cause notice, is not maintainable. In view of these contentions and having regard to the fact that enquiry is pending, without expressing any opinion on merits, we are of the considered view that suffice it to direct the respondents to complete the enquiry within a period of four weeks from today. With this direction, the writ petition is dismissed of. No order as to costs. ____________________ T.MEENA KUMARI, J. _____________________ Dr.G.YETHIRAJULU, J. February 22, 2008 MAS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Transport Officer, Mahabubnagar, Mahabubnagar District. 2 The Assistant Motor Vehicles Inspector (Enforcement) Mahabubnagar, Mahabubnagar District. 3. 2CCs to the Government Pleader for Transport, A.P. High Court Buildings, Hyderabad. 4 .2CD copies