IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 18276 of 2008 Between: Buragadda Santosh Goud S/o.Raja Goud R/o.2-3-9/2,Bangalpet colony,Nirmal Adilabad District ..... PETITIONER AND 1 The Joint Transport Commissioner and Secretary Regional Transport Authority, Khairtabad,Hyderabad 2 The Asst .Motor Vehicles Inspector, Nirmal Adilabad 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 particularly one in the nature of writ of mandamus declaring the seizure of the petitioner vehicle bearing No.Tractor bearing No.AP 1J No.4021 and Trailer No.AP 15U 9054 seized vehicle check report No.0407564 dated 7.8.2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner:MR.D.L.PANDU Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 18276 of 2008 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 Nos.AP 1J No.4021 and AP15 U 9054 respectively, vide vehicle check report No.0407564 dated 07.08.2008, as illegal and arbitrary and consequently, to direct the respondents to release the tractor and trailer. The tractor and trailer of the petitioner were seized on 7.8.2008 on the ground that the vehicle was being plied without F.C. & Tax, Insurance and Pollution certiﬁcates. 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. While submitting on instructions that the petitioner has to pay Rs.4,400/- towards tax on tractor and Rs.13,360/- towards tax on trailor the learned Government Pleader seeks a direction to the petitioner to pay the total amount of tax due and on such payment, the vehicle may be directed to be released. Under the circumstances and since 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.15,000/- (Rupees Fifteen Thousand only) towards tax due, within a period of six weeks from today 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 P.V. Sanjay Kumar Date: 27th August, 2008 Note: Communicate by wire at party’s costs (BO) Nn. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 18276 of 2008 (Order delivered by the Hon’ble Smt. Justice T . Meena Kumari) 27.8.2008