THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.19876 of 2011 Dated:15.07.2011 Between: M/s.Schlumberger Asia Service Limited. … Petitio And State of Andhra Pradesh, Rep.by Its Principal Secretary to Government, Transport Department, Secretariat, Hyderabad, And others. ... Responde THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.19876 of 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The petitioner, a company registered in the United States of Ame specializes in the business of supplying custom built machinery to oil dri companies like ONGC, Reliance, Cairn Energy Limited etc. They pro supportive services to such oil drilling companies. One such service is “Wire Logging Truck” which is, statedly, a mobile laboratory. The fourth respon conducted a check at 10:30 am on 12.07.2011 while the vehicle was procee from Lalacheruvu to Bommuru. The vehicle check report was prepared on same day alleging that the vehicle is liable to pay life tax against invo Aggrieved by the said vehicle check report, the petitioner filed the instant petition seeking a declaration that seizure of the documents is illegal arbitrary. A consequential relief is also sought to direct respondent Nos.3 a to release the documents seized. The petitioner would contend that the seizure is illegal and highhand The vehicle was carrying software equipment, it was not carrying any load, that it cannot be treated as a construction equipment vehicle. Alternatively submits that, as per the circular dated 17.05.2010 issued by the Trans Commissioner, the vehicle carrying data base equipment for testing oil dri operations does not come within the scope of a “construction equipment”. The petitioner has only challenged the vehicle check report. As per procedure, whenever a motor vehicle contravenes any provision of the M Vehicles Act, 1988, or the Andhra Pradesh Motor Vehicles Taxation, 1 (Taxation Act), it shall be open to the Motor Vehicles Inspector to inspect an necessary, seize the vehicle or the documents. After seizing the same h required to submit the papers to the jurisdictional Regional Transport Auth (RTA) who shall then conduct enquiry under the Taxation Act as well as Andhra Pradesh Motor Vehicles Rules, 1989. Under Rule 448-B of the And Pradesh Motor Vehicles Rules, the owner of the vehicle is given the righ make an application for release of the vehicle detained under Section 207( the Motor Vehicles Act and such application shall be considered by the R The petitioner has not availed this remedy. Therefore, at this stage, it would be proper for us to express any opinion on the validity or otherwise of the sei of the documents, pertaining to the petitioner’s vehicle, by the fourth respond We are not inclined to interfere in the writ petition. However we give liberty to petitioner to make an application, for release of the documents, to the respondent who shall consider the petitioner’s contentions in the light of circular of the second respondent referred to hereinabove, and pass approp orders within a period of one week after receipt of the application from petitioner under Rule 448-B(1) of the Andhra Pradesh Motor Vehicles Rules. The writ petition stands disposed of accordingly. There shall be no o as to costs. _____________ (V.V.S. RAO ____________________________ (RAMESH RANGANATHAN 15.07.2011 Note: Issue C.C by 18.07.2011. B/o. vs