IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE M.H.S. ANSARI and THE HON'BLE MR JUSTICE T.CH.SURYA RAO WRIT PETITION NO : 1565 of 2005 Between: B.Gaffar son of Masood Ali, aged about 40 yrs Businekss, resident of H.No.2-11/Ramalakota, Veldurthi Mandal,Kurnool district. ..... PETITIONER AND 1.The Government of A.P. rep. by Principal Secretary, Transport Department, Government of A.P. Secretariat, Hyderabad. 2.The Secretary, Regional Transport Authority, Kurnool district, Kurnool. 3.The Motor Vehicle Inspector, Dhone town, Kurnool District, Kurnool. 4. The Station House Officer, Vveldurthy Police Station, Veldurthy, Kurnool. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the third respondent seizing the lorry bearing No.ADT 9185 vide check report No.0210927 dated 21-7-2004 near Veldurthi, Kurnool is being illegal arbitrary, unconstitutional and against the M.V.Rules and provisions of M.V.Act of 1988 and contrary to Articles 14,16 and 21 of the Constitution of India. Counsel for the Petitioner: MR.S.M.SUBHANI. Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER (Per the Hon’ble Sri Justice T.Ch.Surya Rao) The petitioner herein seeks writ of Mandamus against the respondents directing them to release the vehicle bearing No. ADT 9185. The third respondent herein inspected the vehicle under his check report No.0210927 on 21-7-2004 and found the quarterly tax of the vehicle was due as on 30-6-2004, fitness certificates expired and Insurance Coverage is lapsed and therefore, he seized the vehicle. The petitioner filed the present writ petition seeking to assail that order and for release of the vehicle. It is obvious from the matrix that the petitioner has not approached the concerned authority seeking release of the vehicle. I n Saleem Tours and Travels v Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad the Division Bench of this Court laid down indicia to be followed in all cases where the vehicles are seized and the release thereof was sought for. In view of the said judgment, it is appropriate to direct the petitioner to approach the concerned authorities to seek release of the vehicle by making proper representation, in which event, it is for the 1st respondent to dispose of the same preferably within a period of two weeks from the date of such representation. With the above direction, the Writ Petition is disposed of. No order as to costs. ----------------------- M.H.S.ANSARI, J -------------------------- T.CH.SURYA RAO, J Dated:03-02-2005. Hsd Note: Issue copy on Priority basis. B/O Hsd Asst. Registrar To 1.The Principal Secretary Government of A.P. Transport Department, Government of A.P. Secretariat, Hyderabad. 2.The Secretary, Regional Transport Authority, Kurnool district, Kurnool. 3.The Motor Vehicle Inspector, Dhone town, Kurnool District, Kurnool. 4. 2 C.Cs to G.P. for Transport, High Court buildings, Hyderabad (OUT) 5. 2 CD copies. 6. The Station House Officer, Vveldurthy Police Station, Veldurthy, Kurnool.