IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.8445 of 2008 Between: Chintala Mahender, S/o.Rajaiah, R/o.H.No.3-76,NTR Colony, Govindaraopet Warangal, presently residing at Jangalpalli Village Mulugu Mandal, Warangal District. ...PETITIONER AND 1 The Regional Transport Authority, Warangal. 2 The Motor Vehicle Inspector, Warangal, Warangal District. ...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 or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not releasing the lorry bearing No.AP 16 V 4725 to the petitioner which was seized by the 2nd respondent on 16.1.2007 under Vehicle check Report No.474322 on the ground of irregularities apart from payment of tax is illegal, arbitrary, unjust and contrary to law and consequently direct the respondents to release the vehicle. Counsel for the Petitioner: MR.A.RAVINDER Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.8445 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri A.Ravinder, learned counsel for the petitioner and the learned Government Pleader for Transport. At their request, the Writ Petition itself is taken up for disposal at the admission stage. The petitioner, who is the owner of the lorry bearing No.AP 16 V 4725, filed this Writ Petition, inter alia, seeking for a Writ of Mandamus assailing the seizure of the said lorry by the second respondent on 16.01.2007 under Vehicle Check Report No.474322 on the allegation of the irregularities committed by the petitioner. The petitioner submits that in fact he has submitted an application for release of the said vehicle on 02.04.2008 and the same has not been disposed. Hence, the Writ Petition. Learned Government Pleader for Transport appearing on behalf of the respondents submits that the petitioner is due to pay the tax for the quarter ending June 2006 and by the year 2007, the said amount comes to Rs.25,380/- (Rupees twenty five thousand three hundred and eighty only). Further, in spite of the notice issued after the representation filed by the petitioner, the petitioner has not filed the original documents as pointed out in the Vehicle Check Report. Having heard on either side and on perusal of the material available on record, we are of the view that the enquiry in pursuance of the said Check Report is still on and therefore, it would suffice in the interest of justice to release the lorry subject to certain conditions. The Writ Petition is allowed. The second respondent is directed to release the lorry bearing No.AP 16 V 4725 subject to the petitioner paying the entire tax amount of Rs.25,380/- (Rupees twenty five thousand three hundred and eighty only) and producing the original documents of the lorry. It is made clear that only on clearance of tax arrears and production of the original documents, the second respondent shall release the lorry. No costs. _________________ (B.PRAKASH RAO, J) ______________ (C.V.RAMULU, J) 18th April 2008 Note: CC by two days B/O RRB