IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3393 of 2009 Between: D. Mallesh S/o. Basappa R/o. Nagasamudram (Village) Dharur Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep. by its Secretary Transport Department, Secretariat Buildings, At Hyderabad. 2 The Deputy Transport Commissioner Ranga Reddy District, at Attapur, Hyderabad. 3 The Motor Vehicle Inspector S/RTA , Hyderabad (West Zone) .....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 appropriate writ order or direction more particularly one in the nature of a "Writ of Mandamus" declaring the action of the respondents in seizing the vehicle through Vehicle Check Receipt dt. 15-12-2008 for non production original documents like RC Book, Transport permit, License and other related documents as Arbitrary, illegal and without jurisdiction and consequently direct the respondents 1 to 3 herein to release the Vehicle Mahindra Jeep 1997 model with Registration NO. AP 28U 8361 belonging to the petitioner immediately and pass such further order or orders Counsel for the Petitioner: MR.N.VASUDEVA REDDY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: The petitioner claims to be the owner of vehicle (Mahindra Jeep) bearing registration No. AP 28U 8361. The grievance of the petitioner is that on 15.12.2008 while he along with the driver of the vehicle were taking the said vehicle for repairs at Rajendranagar, the 3rd respondent, Motor Vehicle Inspector, SRTA, Hyderabad intercepted the vehicle and seized the same even though they produced the Xerox copies of all the required documents and assured to produce the originals later. It is also stated that he made a representation on 29.1.2009 before the 2nd respondent seeking release of the vehicle, in vain. Hence this writ petition. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Deputy Transport Commissioner, Ranga Reddy as per which the petitioner is plying the vehicle without payment of A.P.Tax, without insurance certificate, without pollution certificate, without permit and without fitness certificate and, therefore the vehicle was seized under section 8 of the A.P.Motor Vehicles Act, and under Section 207 of the Motor Vehicles Act. It is also stated that the petitioner has to pay a sum of Rs.17010/- towards tax and a penalty of Rs.28,350/- and is also liable for payment of compounding fee under Section 200 of the Motor Vehilcles Act. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. N.V.RAMANA,J DT.24.2.2009 Note: Furnish CC in two days (B/o) msv