IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 27280 of 2008 Between: Mr. Hyder Ali S/o. Khader Ali R/o. D.No. 360, Nehru Street, Thindivanam, Puduchery. ..... PETITIONER AND The Government of Andhra Pradesh Rep. by its Deputy Transport Commissioner Transport Department, Vijayawada. .....RESPONDENT 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 more particularly one in the nature of writ of mandamus declaring action of the respondent in not releasing the TATA Indica Vehicle bearing Registration No. PY 01 AK 7952 with Chassis No.87539, Engine No.85713 and in not passing orders on my representation dated 06-12-2008 as arbitrary, illegal, failure to exercise power vested with the respondent, violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India apart from being violative of the procedure contemplated under the Motor Vehicles Act 1988 and Rules made there under and consequently direct the respondent to release the said vehicle. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the action of the respondents in not releasing his Tata India vehicle bearing registration No. PY 01 AK 7952 with Chasis No.87539, Engine No.85713 and not passing orders on his representation dated 6.12.2008. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport and at their request, the writ petition is taken up for final disposal at the admission stage itself. The case of the petitioner is that his vehicle was seized vide check report dated 28.11.2008 by the Motor Vehicle Authority in Guntur for non- payment of life tax in the State of Andhra Pradesh. Therefore, he made a representation to the respondent on 6.12.2008 requesting to release the vehicle and also stated that he has already paid the life tax in the State of Tamil Nadu and, therefore, is not required to pay the tax again in the state of Andhra Pradesh but so far no orders have been passed. This Court on 19.12.2008 while granting time to the learned Government Pleader to file counter, directed the release of the vehicle of the petitioner on the condition of his giving an undertaking not to take the vehicle out of the jurisdiction of the respondent and also to pay the tax as may be levied in accordance with law. Today, when the matter is taken up for admission, it is brought to the notice of this Court that the enquiry in regard to payment of life tax is still pending. It is also submitted by both the counsel that since the vehicle is already released and only enquiry is pending, instead of keeping this writ petition pending, the same may be disposed of directing the respondent to complete the enquiry after taking into consideration the material placed before him. Accordingly, the writ petition is disposed of directing the respondent to complete the enquiry in regard to payment of life tax after taking into consideration the material placed before him by the petitioner and pass appropriate orders as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order. N.V.RAMANA,J DT.19.1.2009 msv