THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20547 OF 2011 ORDER:- This writ petition is filed seeking to issue a writ of Mandamus declaring the seizure and continued detention of the petitioner’s School Bus bearing TR.No.AP 29-AET/R4441, Engine No.BG94A15430, Chassis No.MA1GF2BGD93A10257 as illegal and arbitrary, and consequently, to direct the respondents to release the said vehicle forthwith. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner Institution purchased the aforementioned School Bus in the year 2009 for the purpose of conveyance of the students of its Institution. But the vehicle was kept parked at the premises of the petitioner Institution and the assignment of permanent registration and utilization of the vehicle on roads was kept pending due to administrative reasons. Since the date of purchase, the school bus was neither used on the roads nor kept for use. While so, on 30.06.2011, Akshara Gurukul High School requested the management of the petitioner Institution to arrange the school bus immediately for transporting their school children, as their school bus broke down with engine failure. So, the petitioner Institution arranged the school bus. At that time, respondent No.2 checked the vehicle and enquired regarding the documents of the vehicle and seized the vehicle, who in turn prepared Vehicle Check Report No.A 1299223, dated 30.06.2011, alleging that the vehicle was carrying twenty five school children without having valid documents. The vehicle was detained at the premises of respondent No.1. Though the petitioner made a representation to respondent No.1 seeking to release the said vehicle upon reasonable terms and conditions pending any enquiry, respondent No.1 informed that the vehicle shall not be released except under Court orders. Hence, the present writ petition. 3. Respondents filed a counter-affidavit stating that the vehicle was seized while it was proceeding to Sirsanna from Bela carrying twenty five school children belonging to Akshara Gurukulam High School, Bela without registration certificate, without fitness certificate, without permit and without insurance certificate and driving license of the driver also was not produced. No stoppage intimation was filed before seizure of the vehicle in the office of the Deputy Transport Commissioner, Adilabad. The petitioner did not file any application before Secretary, RTC, Adilabad for release of the said vehicle. The tax and penalty due on the vehicle is Rs.2,68,110/-. 4. Learned counsel for the petitioner contended that the petitioner’s vehicle was seized on the ground of certain violations alleged to have been committed by the petitioner and that the petitioner Institution is ready to pay the tax due to the Government, as required under the Motor Vehicles Act, 1988 and hence, he prays to release the vehicle. 5. On the other hand, learned Government Pleader for Transport contended that the vehicle is being plied without any registration certificate, fitness certificate and insurance, and is transporting school children, and therefore, the vehicle was seized by the competent authority and hence, he prays to dismiss the writ petition. 6. Respondent No.2 seized the vehicle in question for violation of certain conditions according to the Motor Vehicles Act. The violations are that there was no registration certificate, fitness certificate, permit and insurance. Though the vehicle was seized through the check report, so far, the amount of the tax has not been determined by respondent No.1 in accordance with law. However, the petitioner cannot be permitted to run the vehicle without complying with the defects, which were noticed by respondent No.2 during the course of seizure of the vehicle. As seen from the counter affidavit, the petitioner has not paid the tax to the Government from quarter ending 30.06.2009 to quarter ending 30.06.2011. Therefore, it would approximately come to Rs.1,00,000/-. Admittedly, the petitioner has not paid the amount of Rs.1,00,000/-, which he is bound to pay towards tax. Insofar as the penalty is concerned, they have raised a demand of Rs.1,78,740/-. That amount has not been determined by respondent No.1. 7. Therefore, the vehicle in question shall be returned to the petitioner on payment of tax due without any penalty and on condition of depositing Rs.10,000/- (Rupees ten thousand only) with respondent No.1, which will be subject to the decision that may be taken by respondent No.1 in pursuance of check report. It is also made it clear that the petitioner shall not use the vehicle without the registration certificate, fitness certificate, permit and the insurance certificate. The petitioner is entitled to revalidate the documents, if they are expired. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 24th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20547 OF 2011 Date:24.11.2011 AMD