HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14240 of 2011 Date: 18.05.2011 Between : Costal Projects Limited, Warangal District, Rep.by its Senior General Manager Sri T. Prasad … Petitioner and The Government of Andhra Pradesh, Transport Department, Secretariat, Hyderabad, rep. by its Secretary and others. … Respondents HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14240 of 2011 ORAL ORDER : The action of the 4th respondent in seizing the petitioner’s machine along with vehicle bearing No.TN-46D-3456 is questioned in this writ petition, as being arbitrary, illegal and without jurisdiction and a consequential direction is sought to the 4th respondent to release the machine along with the vehicle, forthwith, to the petitioner. 2. Sri O. Manoher Reddy, learned counsel for the petitioner would question the action of the 4th respondent in seizing the vehicle on several grounds, including on the ground that the vehicle in question is not a motor vehicle under the provisions of the Motor Vehicles Act, 1988 (for brevity “the Act”). The learned counsel would rely on a circular of the Commissioner in this regard. 3. I do not, however, consider it appropriate to examine any of these contentions on merits, since the petitioner has an effective remedy of seeking release of the machine along with vehicle bearing No.TN-46D-3456 under Section 207 (2) of the Act read with Rule 448-B of the A.P. Motor Vehicle Rules, 1989 (for brevity “the Rules”). 4. The learned Government Pleader for Transport would submit that the authority competent to pass order under Section 207 (2) of the Act read with Rule 448-B of the Rules, in the present case, is the Transport Commissioner. 5. Sri O. Manoher Reddy, learned counsel would submit that while the petitioner has already submitted a representation to the 3rd respondent, it would submit a representation afresh to the Transport Commissioner also. 6. Therefore, I consider it appropriate to dispose of the writ petition permitting the petitioner to submit an application along with the prescribed fee to the Transport Commissioner within two days from today. On such application being filed, the Transport Commissioner shall examine the same on merits and pass appropriate orders in accordance with law, within a period of one week thereafter. 7. The writ petition stands disposed of accordingly. No costs. ____________________________________ JUSTICE RAMESH RANGANATHAN 18.05.2011. NOTE:- Issue C.C. in three days. (B/O) Msr/Smr HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14240 of 2011 18.05.2011 Msr/Smr