IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2344 of 2009 Between: Sri Vidyasai Model School (English Medium), Rep by its Head Master, Sri Anugu Ganga Reddy, S/o. Satyam Reddy, aged about 29 Hindu, r/o. Munnurukapusangham, Kammarapally, Armoor, Nizamabad District. ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Nizamabad. 2 The Motor Vehicles Inspector, Armoor, Nizamabad 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 more particularly one in the nature of Writ of Mandamus declaring the seizure and detention of petitioner's vehicle bearing R.No. AP 37T 4577 seized under Vehicle Check Report No. 0054239 dt. 17-11-2008 by the 2nd respondent as arbitrary, illegal, void, vitiated unconstitutional, without jurisdiction, contrary to the mandatory provision of Motor Vehicles Act 1988 and violative of the Judgment of the Hon'ble Court in 2000 (4) ALD 501 and consequently direct the respondent to release the petitioner's Institution vehicle bearing R.No. AP 37 T 4577, forthwith to the petitioner. Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: The petitioner is an educational institution. It is its case that the institution owns a bus bearing registration No. AP 37 T 4577 having the seating capacity of 60 (59+1) and covered by all valid documents and payment of prescribed tax up to the quarter ending 30.6.2006. The said vehicle came up for major engine and body repairs in the month of June 2006 and since then the bus is being kept at the workshop at Armoor for undergoing the repairs and the said fact was also intimated to the respondent authorities. The repairs to the said bus were completed and the bus was kept at the school premises on 17.11.2008. On the same day, the empty stationed vehicle kept in the school premises was checked and inspected by the 2nd respondent and the same was seized vide check report dated 17.11.2008 on the ground that the bus was plying without any valid documents with school children. Therefore, he approached the 1st respondent seeking release of the bus, in vain. Hence this writ petition. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Deputy Transport Commissioner and SRTA, Nizamabad as per which the petitioner has to pay a sum of Rs.22,330/- towards the tax and penalty of Rs.40,600/- and Rs.25,375/- towards the compounding fee. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. N.V.RAMANA,J DT.19.1.2009 Note: Furnish CC in two days (B/o) msv