IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 17534 of 2008 Between: Gopinath Naga Rao Gajare S/o.Nagnath R/o.Kantha(V) Hindu Kandhar Taluk Nanded District Maharastra State ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary Regional Transport Authority Nizamabad 2 The Transport Vehicle Inspector office and Secretary Regional Transport Authority Hyderabad .....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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the seizure and detention of petitioners vehicle LMV (Mahindra Jeep) bearing Regn No. MH 26c 4070 seized under Vehicle check report No.1461920 dt.20-05-2008 by the 2nd respondent as arbitrary illegal void vitiated unconstitutional without jurisdiction contrary to the mandatory provisions of Motor Vehicles act 1988 and violative fo the judgments of the Hon'ble High Court in 2000(4) ALD 501 and Consequently direct the respondents to release the petitioner's LMV (Mahindra Jeep) bearing R.No.H 26C 4070 forthwith to the petitioner and grant such other necessary relief or reliefs. Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : W.P.NO. 17534 OF 2008 ORDER: (Per Smt T. Meena Kumari, J) This writ petition is filed challenging the seizure and detention of petitioner’s vehicle LMV (Mahindra Jeep) bearing registration No. MH 26C 4070 seized by the 2nd respondent on 20.5.2008 as unconstitutional, without jurisdiction and contrary to the mandatory provisions of Motor Vehicles act 1988 and seeking a direction to the respondents to release the vehicle. The petitioner’s vehicle was stopped and checked while it was proceeding from Bodan to Kota (Thota) with 20 passengers and it was found that it was plying as contract carriage and the driver failed to produce registration certificate, driving licence and also failed to produce any proof for payment of tax. The said vehicle was said to have been seized under Section 8 of the Motor Vehicle Taxation Act and Section 207 of the Motor Vehicles Act. The learned Government Pleader for Transport has submitted, on instructions, that an amount of Rs.52,500/- was due from the petitioner towards tax. The learned counsel for the petitioner has submitted that the vehicle was kept idle at Saloora check post and it would be subject to natural decay due to weather conditions, and therefore, it may be released. Under the above circumstances, the vehicle bearing registration No. MH 26C 4070 shall be released in favour of the petitioner subject to payment of Rs.20,000/- (Rupees Twenty Thousand only). The petitioner shall file an undertaking that he shall not transfer, alienate or create third party in the vehicle or change the nature of the vehicle and he shall produce the vehicle as and when required before the concerned authorities. The regular enquiry shall go on and this order will not preclude the respondents from conducting the said regular enquiry. The writ petition is disposed of accordingly. No order as to costs. __________________________ JUSTICE T. MEENA KUMARI ____________________________ JUSTICE P.V. SANJAY KUMAR Dt. 13.8.2008 NB: Operative portion of the order by wire at party’s costs. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner and Secretary Regional Transport Authority Nizamabad 2 The Transport Vehicle Inspector office and Secretary Regional Transport Authority Hyderabad 3. 2 CCs to GP for Transport, 4. 2 CD copies Form-NIC-OGS/WP{BMR}