THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33505 OF 2011 O R D E R: This writ petition is filed seeking to issue Writ of Mandamus declaring the seizure of the petitioner’s vehicle bearing No.AP 28 TC 4455 vide Vehicle Check Report No.0726860, dated 16.12.2011, as illegal, arbitrary and contrary to provisions of the Motor Vehicles Act, 1988 (for short ‘the Act’) and consequently direct the first respondent to release the vehicle. 2. Heard. 3. The vehicle in question was seized by the second respondent for violation of, and certain illegalities under, the Act. The violation is overloading of sand being carried in the vehicle. Even at the time of seizure of the vehicle, the documents relating to the vehicle were not produced. But, it is the case of the petitioner that she is having all necessary documents. Penalty for overloading of sand in the vehicle has not been adjudicated by the second respondent. 4. Therefore, the Writ Petition is disposed of. Interim custody of the vehicle in question shall be given to the petitioner subject to deposit of Rs.10,000/- (Rupees ten thousand only) with the first respondent and on production of all relevant documents under the Act. The above deposit shall be subject to result of the check report that is pending with the second respondent. However, this order will not preclude the respondents in determining the overload charges or imposing penalty in accordance with law after giving a reasonable opportunity to the petitioner. There shall be no order as to costs. ________________ JUSTICE K.C.BHANU Date: 20.12.2011 Note: Issue operative portion by wire at party’s cost. B/o va