IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12714 of 2008 Between: P.Pothanna S/o.Nagappa R/o.Door No.9-1-55, Rajiv Gandhinagar, Rayadurg Post and Mandal, Anantapur District. ..... PETITIONER AND 1 Secretary, Regional Transport Authority, Anantapur District, Anantapur 2 Motor Vehicle Inspector, O/o Deputy Transport Commissioner, Guntur, Guntur District. .....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 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 Light Motor Vehicle Maxi Cab bearing Registration No. AP.21/V.7943 pursuant to the Vehicle Check Report No.2932830, dated 29-05-2008 of the 2nd Respondent as illegal, arbitrary 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 30-06-2008 and pass such other or further orders as are necessary. Counsel for the Petitioner: MR.E.MARUTHI RAJA Counsel for the Respondents : GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:12714 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the Respondents in seizing and detaining the Petitioner's Light Motor Vehicle Maxi Cab bearing Registration No. AP.21/V.7943 pursuant to the Vehicle Check Report No.2932830, dated 29-05-2008 of the 2nd Respondent as illegal, arbitrary and contrary to law and consequently to direct the respondents herein to release the said vehicle to the Petitioner herein forthwith by accepting the tax for the present quarter ending with 30-06-2008. The vehicle in question was seized on 29.5.2008 on the ground that there was no proof of tax payment for the quarter ending with 31.3.2008 and 30.6.2008 and the documents of the vehicle were not produced. 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. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. Perused the material available on record. While submitting on instructions that the petitioner has to pay Rs.13,800/- towards tax due and compounding fee of Rs.1600/- thereon, in total Rs.15,400/-, the learned Government Pleader seeks a direction to the petitioner to pay the total amount due and on such amount, the vehicle may be directed to be released. We see some force in the contention of the learned Government Pleader. Under these circumstances and since 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. 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.15,400/- towards the total liability in respect of the vehicle in question, within a period of eight weeks from today and also on production of the 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. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 19th June, 2008 Note: Issue CC by Tuesday (BO) Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12714 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 19.6.2008