IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 6364 of 2009 Between: 1. Veera Goud, S/o.Durga Rao R/o.H.No.2-27, A.G.Gudem, Veldurthy, Medak District 2. N.Shiva Goud, S/o.Malla Goud R/o.INA,Veldurthy, Medak District ..... PETITIONERS AND 1 The Secretary, Regional Transport Officer, Medak District, at Sangareddy 2 The Motor Vehicles Inspector, Driving Testing Track Nagole, RTA,Hyderabad .....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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in seizing and detaining the petitioners Tractor & Trailor vehicle bearing Reg.No.AP07-W -0072 and AP 23 T 1537 vide vehicle Check Report No.1461571 dated 30.9.2008 as illegal, arbitrary, and unconstitutional and consequently direct the respondents to release the vehicle bearing Reg.No.AP 07W 0072,and AP 23T 1537 and to grant such other relief or reliefs. Counsel for the Petitioners: MR. K.JOSEPH Counsel for the Respondents: G.P. FOR TRANSPORT The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) In this petition, the petitioners have made a grievance that their tractor and trailor bearing Reg. Nos. AP 07W 0072 and AP 23T 1537 had been seized by the respondent authorities. 2. Learned Government Pleader appearing for the respondent authorities has submitted that the petitioners had not paid tax in respect of the tractor and the trailor for more than thirteen years and some other irregularities were also noticed when the same were stopped for the purpose of checking. According to him, a sum of Rs.35,680/- is payable by way of tax in respect of the trailor and a sum of Rs.8,325/- is payable towards compounding fee. Thus, if the petitioners pay Rs.44,005/-, the tractor as well as the trailor shall be released. He has further submitted that the penalty proceedings would be continued even after release of the aforesaid tractor and trailor. 3. Learned Advocate for the petitioners is agreeable to pay Rs.44,005/- so that the tractor and the trailor can be released. 4. In the circumstances, it is directed that if the aforesaid amount is paid by the petitioners to the respondent authorities, the tractor and the trailor shall be released immediately subject to penalty proceedings. If any tax has been paid, upon evidence being adduced, the said amount shall be given credit to. 5. In view of the above directions, the petition stands disposed of with no order as to costs. ANIL R. DAVE, CJ R. SUBHASH REDDY, J 26th March, 2009 bnr