IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12681 of 2009 Between: K.Mallikarjuna S/o.K.Ramanna R/o.Door No.10-1-71/18, Krishna Reddy Nagar, Kushaiguda, Ranga Reddy District. ..... PETITIONER AND 1 Secretary, Regional Transport Authority, Ranga Reddy District at Uppal. 2 Motor Vehicle Inspector (Flying Squad), Nellore, Nellore District. .....RESPONDENT(S) 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 an appropriate Writ, order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the Respondents in seizing and detaining the petitioner's Heavy Goods Carriage bearing Registration No. AP 29 U 8911 pursuant to the Vehicle Check Report No.1277849, dated 22.5.2009 of the 2nd respondent as arbitrary, illegal and contrary to law and consequently direct the respondents herein to release the said vehicle to the Petitioner herein forthwith by accepting the tax for the present quarter ending with 30.6.2009. Counsel for the Petitioner: Sri E.Maruthi Raja Counsel for the Respondents: Government Pleader for Transport The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The petitioner has made a grievance that his vehicle, heavy goods carriage bearing No. AP 29/U 8911, has been seized by respondent No.2. 2. In pursuance of the instructions received from the concerned respondent, the learned Government Pleader for Transport has submitted that if the petitioner pays Rs.26,840/-, the vehicle in question can be released. However, the penalty proceedings would be continued and ultimately, the petitioner might have to pay the penalty also. 3. The learned advocate appearing for the petitioner has submitted that the petitioner is ready and willing to pay Rs.26,840/- to respondent No.1, if he is prepared to release the vehicle. 4. In the aforestated circumstances, it is directed that upon payment of Rs.26,840/- and upon undertaking being filed by the petitioner that he would pay the amount of penalty or other charges which might have to be paid by him in respect of the alleged irregularities committed by him, the vehicle shall be forthwith released by the respondents. The petitioner shall also give an undertaking to the effect that till the penalty proceedings are concluded, he shall not transfer the vehicle in question or shall not create any rights in favour of third parties. 5. In view of the above direction, the petition stands disposed of with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 29th June, 2009 ks Note: Furnish copy by tomorrow. B/O ks