IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF AUGUST, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22807 of 2011 Between: T. Srinu … Petitioner And The Secretary, Regional Transport Authority, Medak District at Sangareddy & another. … Respondents Counsel for the petitioner: Sri T. Venkat Reddy Counsel for the respondents: AGP for Transport This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22807 of 2011 ORDER:- This Writ Petition is filed for a Mandamus to declare seizure and continued detention of the petitioner’s lorry bearing No.AP 23W 9989 under vehicle check report No.1517274, dated 08.08.2011, as illegal and arbitrary. The petitioner is the owner of the abovementioned lorry, which was used for transporting sand from Kurnool to Insnapur. Respondent No.2 has intercepted the said lorry on 08.08.2011 and found the same carrying load of 15790 Kgs, which is in excess of the prescribed limit. The petitioner pleaded that he has sought to make an application for release of the vehicle by expressing his willingness to pay penalty in case the allegation that the lorry was carrying excess load is found correct, but the said application was allegedly not received by respondent No.1. The learned counsel for the petitioner submitted that under Section 194 of the Motor Vehicles Act, 1988 (for short, “the Act”), the act of carrying excess load is compoundable by paying penalty of Rs.1,000/- per ton for the excess load and that the petitioner is prepared to pay such penalty for the alleged excess load. After hearing the learned Assistant Government Pleader for Transport, I am of the opinion that no purpose will be served by keeping the seized lorry in continued detention. Instead, it is appropriate that respondent No.1 releases the petitioner’s lorry, subject to the latter paying the penalty as prescribed under Section 194 of the Act as a condition for such release. Accordingly, respondent No.1 is directed to release the petitioner’s lorry on his paying penalty for the excess load. The petitioner shall produce the ownership and other relevant documents pertaining to the lorry for its release. Release of lorry shall be subject to the final order that may be passed by respondent No.1. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.27887 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 12.08.2011 ES