IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8922 of 2009 Between: S.Pandu S/o.S.Mallaiah H.No.17-1-38/47, Santoshnagar Colony, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Hyderabad East Zone, Hyderabad. 2 The Motor Vehicle Inspector, Vigilance, STA, Hyderabad. .....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 writ order or direction especially one in the nature of writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. AP 09 B 0291 vide vehicle check report No. 05978023 dated 26.02.2009 is illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the respondent to release his vehicle and pass. Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: Questioning the seizure of the petitioner’s vehicle bearing registration No.05978023 vide check report dated 26.2.2009, the present writ petition is filed seeking a direction to the respondent to release the said vehicle. Petitioner is a registered owner of the road roller bearing Registration No. AP-09-B-4897. The said vehicle was mainly used for laying the roads. As per the new policy of the State Government to pay the life tax on road rollers, the petitioner paid the life tax on 8.10.2008. While so, when the vehicle was onwork site, the same has been inspected and seized by the 2nd respondent vide vehicle check report dated 26.2.2009 alleging that the documents of the vehicle are not produced and there is no proof of tax payment. Therefore, he approached the 1st respondent seeking release of the said vehicle. Since the said request was not acceded to, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. It is contended by the learned counsel for the petitioner that the vehicle has valid registration and life tax is also paid, though the registration number was not properly visible. The learned Government Pleader for Transport submits that apart from the enumerated irregularities, since the engine number is not tallying, the petitioner cannot be allowed to ply the vehicle on road. He further contends that the petitioner is also liable for payment of tax for the State of Andhra Pradesh and, therefore, the vehicle was rightly seized by the second respondent. This Court in W.P.No.14451 of 2008 considering similar issue disposed of the writ petition with certain directions and following the same, this writ petition is also disposed of as under. ‘The respondents shall release the vehicle bearing registration No. AP 09 B 0291, subject to the petitioner paying the tax amount due as assessed by the Officer, after deducting the amount, if any paid, and on furnishing an undertaking to the effect that the vehicle in question will not be plied on roads, shall not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. The writ petition is accordingly disposed of. N.V.RAMANA,J Dt.29.4.2009 Note: Furnish CC in 2 days. (b/o) msv