IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 7430 of 2008 Between: K. Shekhar S/o. K.D. Ramulu R/o. H.No.14-8-412/30, Jumkmerat Bazar, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, West Zone, Hyderabad. 2 The Motor Vehicle Inspector, Regional Transport Authority, Secunderabad. ....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 a writ, order, direction, especially one in the nature of Writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No.AP13 W 6179 vide vehicle check report No.2888097 dated 11.03.2008 is illegal, arbitrary, and violative of Article 19(g) of the Constitution of India and consequently direct the first respondent to release the Petitioner's Vehicle and pass Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : O R D E R (Per the Hon’ble Sri Justice B.Prakash Rao) Heard Sri Ch.Ravinder, learned counsel appearing for the petitioner, and the learned Government Pleader for Transport appearing for the respondents. Petitioner herein, who is the owner of the vehicle bearing No. AP13W 6179, files this writ petition assailing the seizure of the said vehicle as per the check report No.2888097, dated 11-03-2008, on the allegation of non-payment of tax and also absence of the permit etc. Having heard the learned counsel and in view of the fact that necessary enquiry has to be conducted we are not inclined to go into the merits of the case. Accordingly, Writ Petition is disposed of directing the respondents to release the said vehicle subject to the condition of payment of tax and compounding fee. It is needless to mention that the petitioner shall not alienate the vehicle during the pendency of the proceedings. No order as to costs. __________________ B.Prakash Rao, J Dated 4th April, 2008 __________________ C.Y.Somayajulu,J Note: Issue C.C. in three days (b/o) vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Regional Transport Authority, West Zone, Hyderabad. 2 The Motor Vehicle Inspector, Regional Transport Authority, Secunderabad. 3 2 CCs to the G.P for Transport 4 2CD copies Form-NIC-OGS/WP{MSN}