IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12353 of 2008 Between: M. Papa Rao S/o. M. Lingaiah R/o. 1-9-57, Ramnagar, Hyderabad. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Secunderabad. 2 The Motor Vehicle Inspector, O/o. Regional Transport Authority, Ranga Reddy East at Uppal Ranga Reddy District. .....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 Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent herein in seizing and detaining the peititoner's vehicle bearing Registration No.AP 28 U 2709 vide vehicle check Report No.0529221 dated 3-6-2008 under Sec. 8 of Andhra Pradesh Motor Vehicle Taxation Act and 207 M.V. Act as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to release the vehicle bearing Registrarion No.AP 28 U 2709 forthwith to the petitioner in the interest of justice, and to pass Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:12353 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the seizure of the petitioner’s vehicle bearing Registration No.AP 28 U 2709 vide vehicle check Report No.0529221 dated 3-6-2008 under Sec. 8 of Andhra Pradesh Motor Vehicle Taxation Act and 207 of M.V. Act as illegal, arbitrary and consequently, to direct the respondents to release the vehicle. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. The learned G.P on instructions submitted that the vehicle has been found traveling without any permit and without any proof of payment of tax and therefore, the vehicle may be directed to be released on payment of the tax. We see some force in the contention of the learned G.P. In view of the fact that no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, We feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.10,000/-, within a period of eight weeks from today and also on production of original documents besides furnishing an undertaking to the effect that he would not transfer the vehicle pending enquiry and that he would produce the vehicle as and when the same is required by the respondents-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. ___________________ Justice T. Meena Kumari _______________________ Justice Ramesh Ranganathan Date: 17th June, 2008 Note: Issue CC in two days (BO) Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12353 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 17.6.2008