THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33664 OF 2011 ORDER: This Writ Petition is filed seeking to issue mandamus declaring the action of the 3rd respondent in seizing the petitioner’s JCB vehicle bearing No.AP 29MBT/R1363 pending enquiry without any notice or opportunity as illegal and arbitrary and contrary to the provisions of the Andhra Pradesh Motor Vehicles Act, 1988 (for short ‘the Act’) and consequently direct the respondents to release the vehicle. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner purchased the aforesaid vehicle in the year 2008 by taking finance from Magma Finance Corporation Ltd., Hyderabad and the said finance corporation undertake to register the vehicle with the 2nd respondent by paying life tax and registration fee to the 2nd respondent. The vehicle was insured with National Insurance Company Ltd., and the petitioner has been regularly renewing insurance policy by paying necessary premium every year. It is further stated that the petitioner was under the impression that the finance corporation has paid the life tax and registration fee and got the vehicle registered. While the matter stood thus, when the above vehicle was taken to petrol bunk on 15-12-2011 to fill the fuel, suddenly the 3rd respondent came and seized the vehicle without assigning any reasons. Subsequently, the 3rd respondent informed the petitioner that the vehicle was seized for want of registration and as it is plying without payment of life tax. Therefore, the impugned action of the 3rd respondent in seizing the vehicle without any notice or conducting enquiry is illegal and arbitrary. 3. Learned counsel appearing for the petitioner contended that the 3rd respondent seized the vehicle without giving any notice or opportunity or conducting enquiry and hence, he prays to release the vehicle. 4. On the other hand, learned Assistant Government Pleader for transport contended that the vehicle in question was plying for the last three years without payment of life tax and hence, the 3rd respondent seized the vehicle and there are no grounds to interfere with the impugned action of the 3rd respondent. 5. The vehicle in question was seized under check report No.1318134 for not registering the vehicle and for non payment of life tax as required under the Act. Therefore, the 3rd respondent was right in seizing the vehicle. But, however, if the vehicle is exposed to sun and air, there is every likelihood of causing damage to the vehicle. Therefore, the vehicle in question shall be released to the petitioner subject to condition of petitioner depositing Rs.10,000/- (Rupees ten thousand only) with the 2nd respondent and also payment of life tax as required under the Act. 6. Accordingly, the Writ Petition is allowed. No order as to costs. --------------------- K.C.BHAN`U, J DATED: 20-12-2011 Hsd