IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 22316 of 2008 Between: S.Tirupataiah S/o.Bheemaiah R/o.H.No.1-13, Shakapur village,Addakal Mandal Mahabubnagar District ..... PET IT IONER AND 1 The Regional Transport Authority, Mahabubnagar District at Mahabubnagar 2 The Motor Vehicle Inspector, The Unit office, Pebbair Mahabubnagar District. .....RESPONDENT S 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing the Tipper bearing Registration No.AP 01 W 2612 vide check report No.1521185 dated 3.10.2008 Under section 8 of AP Motor Vehicles Taxation Act, 1963 and in not considering the request of the petitioner fro giving interim custody of the said vehicle to the petitioner pending ﬁnal orders to be passed by the 1st respondent as illegal, unlawful contrary to law and against the provisions of AP Motor Vehicle Taxation Act,1963 and consequently direct the respondents to give the custody of the said vehicle to the petitioner pending ﬁnal orders to be passed by the 1st respondent and pass such other suitable orders as the Hon’ble Division Bench of this Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.DAMODAR REDDY Counsel for the Respondents: GP FOR TRANSPORT The Division Bench of this Court made the following : Order follows 2nd page THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 22316 of 2008 ORAL ORDER : [ Per the Hon’ble Mrs.Justice T. Meena Kumari ] The writ petition is ﬁled for a writ of Mandamus to declare the writ of mandamus declaring the action of the respondents in seizing the Tipper bearing Registration No.AP 01 W 2612 vide check report No.1521185 dated 3.10.2008 under section 8 of AP Motor Vehicles Taxation Act, 1963 and in not considering the request of the petitioner fro giving interim custody of the said vehicle to the petitioner pending ﬁnal orders to be passed by the 1st respondent as illegal, unlawful contrary to law and against the provisions of AP Motor Vehicle Taxation Act,1963 and consequently direct the respondents to give the custody of the said vehicle to the petitioner pending ﬁnal orders to be passed by the 1st respondent and pass such other suitable orders as the Hon’ble Division Bench of this Court may deems ﬁt and proper in the circumstances of the case. 2. The facts of the case in brief are as follows: It is stated that the petitioner is the registered owner of Tipper bearing Regdn.No. AP01-W-2612 and upon his purchase of the said vehicle, the registration of the same had been transferred to RTA Mahboobnagar. The petitioner obtained Goods Carriage permit from the Oﬃce of the ﬁrst respondent and the same is valid upto 10-8-2001. The petitioner also got insured the said vehicle with Bajaj Insurance Company vide certiﬁcate-cum-police schedule and further obtained the vehicle ﬁtness certiﬁcate. It is stated that when the said vehicle was kept idle at his house for some time due to repairs but on 03-10-2008 while he was taking the said vehicle to Kothakota for the purpose of repairs, the second respondent seized the above vehicle on 03-10-2008 vide check report No. 1521185 alleging that he failed to produce RC Book, Fitness Certiﬁcate, Insurance Certiﬁcate and also copy of the permit and further alleged that the number plate of the said vehicle was not properly visible and failed to maintain a side number plate to the said vehicle and also alleged that the petitioner contravened the provisions of AP Motor Vehicles Taxation Act, 1963 and seized the said vehicle under section 8 of the Taxation Act. The petitioner submits that he had not committed any irregularities as mentioned in the check report and he got all certiﬁcates of his vehicle but could not pay the tax of the said vehicle for some time only on account of its repairs. It is further stated that the second respondent after seizure of the said vehicle under check report dated 03-10-2008 had entrusted the matter to the ﬁrst respondent to conduct an enquiry with regard to the allegations mentioned in the check report. The petitioner requested the ﬁrst respondent to give the interim custody of the vehicle pending enquiry but the ﬁrst respondent did not consider the same and it appears that it will take much time to decide the check report as against his vehicle, since his vehicle was kept in the police station at Kothakota and if the same is kept idle the vehicle in question will be damaged and in the event of which the petitioner would sustain irreparable loss. Now pending consideration of passing of ﬁnal orders by the ﬁrst respondent, the petitioner prays that interim custody of the said vehicle be given to him subject to any condition as this Hon’ble Court may deems ﬁt and proper in the circumstances of the case. 3. The learned Government Pleader for Transport takes notice and denied the averments made by the petitioner in his aﬃdavit and the action of the respondents in seizing of the vehicle under section 8 of the AP Motor Vehicles Act and also detaining the vehicle under section 207 of Motor Vehicles Act and kept at Kothakota police station, is valid and justiﬁable. Pending ﬁnalization of the enquiry and the consequential order to be passed by the ﬁrst respondent, the vehicle in question can be released for interim custody subject to certain conditions which this court thinks ﬁt and proper in the circumstances of the case. 4. Having heard the learned counsel for the petitioner as well as the learned Government Pleader for Transport, it is suﬃce that if a direction is given to the respondents to release the vehicle in question i.e., Tipper bearing Registration No.AP 01 W 2612 which was seized under vide check report No.1521185 dated 3.10.2008 subject to payment of payment of tax of Rs.23,044-00 within a period of four weeks from today. However, this order does not preclude the respondents from proceeding with or conducting any enquiry into the allegations/contraventions of A.P. Motor Vehicles Act by the petitioner. 5. In view of the above contentions and having regard to the fact that enquiry is pending, without expressing any opinion on merits of the matter, we deem it appropriate to dispose of the writ petition at the stage of admission with a direction to the respondents to release the vehicle Tipper bearing Registration No.AP 01 W 2612 which was seized under vide check report No.1521185 dated 3.10.2008 subject to payment of payment of tax of Rs.23,044-00 within a period of four weeks from today, on furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated or diminish its value and no encumbrance will be created and shall be liable to produce the said vehicle as and when required by the respondents. It is also made clear that the amount if any paid pursuant to this order, shall be subject to the result of the enquiry. 6. With the above directions, the writ petition is disposed of at the stage of admission. No costs. ------------------------------------- JUSTICE T. MEENA KUMARI. ----------------------------------------- ------ JUSTICE RAMESH RANGANATHAN. 16-10-2008. I s L N B : Furnish CC tomorrow. B/O. I s L ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}