IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.5547 OF 2010 Between: B. Raja Reddy S/o. B. Malreddy ..... Petitioner AND The Deputy Transport Commissioner, Chittoor, Chittoor District and another .....Respondents THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.5547 OF 2010 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This Writ Petition is filed by the petitioner against the seizure of his vehicle bearing No.AP20U 8687 by respondent No.2 – Motor Vehicle Inspector, Chittoor vide vehicle check report No.358532, dated 20-11-2009, under Section 8 of the Andhra Pradesh Motor Vehicle Taxation Act and Section 207 of the Motor Vehicle Act, as illegal, arbitrary and consequently to direct the respondents to release the vehicle. 2. 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. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. 4. The learned Government Pleader, on instructions, submitted that the vehicle has been found traveling without any permit and without any proof of payment of tax and therefore, the vehicle may be directed to be released on payment of the tax. We see some force in the contention of the learned Government Pleader. 5. In view of the fact that 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. 6. 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.10,000/- (Rupees ten thousand only), within a period of eight 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. 7. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. __________________ T. MEENA KUMARI, J ___________________________ NOOTY RAMA MOHANA RAO, J March 10, 2010. Note: Issue operative portion of the Order by wire at party’s costs. B/o. KTL