HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION NO. 13852 OF 2011 Wednesday, the Fourth Day of May, Two Thousand and Eleven Between D.Venkata Naidu Petitioner AND The Addl. Secretary, RegionalTransport Authority, Kurnool District at Nandyal and another. Respondents ORDER: The petitioner is the owner of Heavy Goods Vehicle bearing Registration No. AP 21/TT.5445 covered by National Permit, which is valid upto 20.12.2014. The said vehicle was stopped and checked by the second respondent when it was proceeding from Tadipatri to Chintamani under the vehicle check report dated 29.04.2011 and it was found carrying a load of 40,960 Kgs as against the permissible Gross Vehicle Weight of 25,000 Kgs, and thus overloaded by 19,960 Kgs. Hence, it was seized. Learned counsel for petitioner submitted that the writ petition can be disposed of in terms of the earlier order passed by this court in W.P. No. 4580 of 2011 and further agreed to pay the penalty at the rate of Rs.1000/- per tonne. Whereas, the learned Assistant Government Pleader for Transport submitted that against the orders passed by this court, Writ Appeal has been filed. She further submitted that once the penalty is collected, the respondents cannot further take any action against the owner of the vehicles for contravention of the permit conditions. If the vehicle is found to be overloaded, it is always open for the competent authority to initiate action under Section 86 of the Motor Vehicles Act either for suspension or for cancellation of the permit and also for levying penalty for such overload to the extent of Rs.1000/- per tonne. Further, on initiation of any action, the owner of the vehicle can always compound the offence by paying compounding fee. Therefore, the continued seizure of the vehicle, that too, in a loaded condition would not only cause heavy damage to the vehicle, but the Transporter have to face civil consequences for delaying in transporting the goods. In the circumstances, since the writ petitioner has agreed to deposit Rs.1000/- per tonne, the respondents are directed to release the vehicle in question on deposit of Rs.1000/- per tonne for the extra load of the vehicle and on giving an undertaking that he shall produce the vehicle as and when required. The amount so deposited shall be without prejudice to the rights of the respondents to take further steps in accordance with law. It is always open for the petitioner to compound the offence by paying compounding fee as per law. The writ petition is accordingly disposed of. There shall be no order as to costs. ___________________ A.GOPAL REDDY, J. 04-05-2011 Operative portion by wire at party’s costs //BO// MAS/SJ