THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.28085 of 2011 Dated 14th October, 2011 Between: M/s.Concast Ferro Inc., …Petitioner And The Secretary, Regional Transport Authority, Srikakulam and another …Respondents Counsel for the petitioner: Sri K.Jyothi Prasad Counsel for respondents: AGP for Transport The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in seizing and detaining the petitioner’s vehicles, namely, (1) 430Z Pay Loader Chasis No.43858, (2) 3D JCB Chasis No.1034660C, (3) Fork Lift SC.No.07103395 and (4) H.M.Pay Loader No.WB 25/A 7874, under respective check reports, dated 16.09.2011, under Section 8 of the A.P.Motor Vehicles Taxation Act, 1963 and Section 207 of the Motor Vehicles Act, 1988 (for short ‘the Act’), as illegal and arbitrary. At the hearing, the learned counsel for the petitioner has conceded that his client has not approached respondent No.1 for release of the seized vehicles under Section 207 of the Act r/w Section 448-B of the A.P.Motor Vehicles Rules, 1989. In my opinion, unless the petitioner moves the competent authority for release of the seized vehicles in the first instance and fails to get such release, cause of action for approaching this Court under Article 226 of the Constitution of India would not arise. Accordingly, the petitioner is permitted to make an application for release of the seized vehicles. Respondent No.1 shall consider the same and pass appropriate speaking orders within one week from the date of receipt of such application from the petitioner. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.34650 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 14th October, 2011 VGB