IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13898 of 2008 Between: 1 Simhadri Sivaramakrishna, S/o. Suryanarayana, r/o. yernagudem, Deverapalli Mandal, West Godavari District. 2 Gandhi Jesta, S/o. Rama Rao, R/o. Devarapalli, Deverapalli Mandal, West Godavari District. ..... PETITIONERS AND The Secretary, Regional Transport Authority, Eluru, West Godavari District. .....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 the action of the respondent-authority in not releasing the tractor and trailer bearing registration numbers AP 37 AF 0542 & AP 37 T 1508 respectively, as arbitrary, illegal, null and void and against the principles of natural justice and violative of the provisions of Motor Vehicles Act and Consequently direct the respondents authority to forthwith release the Tractor and Trailer bearing Regd.Nos. AP 37 AF 0542 & AP 37 T 1508 respectively. Counsel for the Petitioners: MR.BALAJI MEDAMALLI Counsel for the Respondent : 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:13898 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the respondent-authority in not releasing the tractor and trailer bearing registration numbers AP 37 AF 0542 & AP 37 T 1508 respectively, as arbitrary, illegal, and violative of the provisions of Motor Vehicles Act and consequently, to direct the respondents authority to forthwith release the Tractor and Trailer. The vehicle of the petitioners was seized on 20.6.2008 on the ground that the registration certificate and the driving licence were not produced and the advance tax was not paid to the quarter ending by 30.6.2008. The main grievance of the petitioners 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 petitioners and the learned Government Pleader for Transport. The learned Counsel for the petitioners contended that the registration certificate and the driving licence were produced before the Motor Vehicle Inspector at the time of inspection, but without verifying the same, the check report was issued and that the petitioners have already paid the tax. While submitting on instructions that the petitioners have to pay Rs.5,000/- towards the tax due, the learned Government Pleader seeks a direction to the petitioners to pay the total amount due and on such payment, the vehicle may be directed to be released. We see some force in the contention of the learned Government Pleader. In view of the facts and circumstances of the case and since no purpose would be served by keeping the vehicle in the custody of the respondent 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 respondent is directed to release the vehicle in question forthwith to the interim custody of the petitioners subject to the condition of the petitioners paying Rs.5,000/- (Rupees Five Thousand only), within a period of eight weeks from today, and producing the original documents for verification besides furnishing an undertaking to the effect that they would not transfer the vehicle pending enquiry and that they would produce the vehicle as and when the same is required by the respondent-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: 1st July, 2008 Nn. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13898 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 1.7.2008