IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2449 of 2008 Between: N.Venkateshwar Rao and another ..... PETITIONERS AND Motor Vehicle Inspector, Mancheryal, Adilabad District and 2 others .....RESPONDENTS THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2449 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to set aside the notice dated 04.02.2008 issued by respondent No.1 and to direct respondent No.2 to release the petitioners’ vehicle bearing registration No.AP 16T-3486. Heard Sri D.Linga Rao, learned counsel for the petitioners and learned Asst.Govt.Pleader for Transport and perused the record. The stage carriage (town service) vehicle of the petitioners bearing registration No.AP 16T-3486 was seized by respondent No.1 on 04.02.2008 for the following alleged irregularities: 1. Tax for E 31.3.08 permit, IC, FC, DO, PUC 2. Picked up different passengers from Goleti to setting down at different places and levied individual fares from the passengers thus the vehicle plied on wrong route. Seized U/s.89 APMVT Act and U/s.207 of MV Act. Kept at PS I.B.Tandur. Driver advised to get rules release order from RTO. Mancherial. In the affidavit filed in support of the writ petition, the petitioners claimed that on 05.02.2008 they approached respondent No.2 with a request to release the vehicle and that the respondents demanded an amount of Rs. 28,988/- as penalty for the alleged irregularities. At the hearing, the learned Assistant Government Pleader for Transport stated that no formal application has been filed by the petitioners, seeking release of the vehicle. Having regard to the facts of the case, I am of the view that interests of justice would be met, if respondent No.2 is directed to release the vehicle, subject to the petitioners paying 50% of the penalty amount. Accordingly, the Writ Petition is disposed of. Respondent No.2 is directed to release the vehicle bearing registration No.AP 16T-3486 to the petitioners on their paying 50% of the penalty amount. The respondents are free to hold enquiry into the alleged irregularities and after final determination of liability of the petitioners, they are entitled to recover the balance amount, if any, subject to availing of remedies available to the petitioners in that regard. As a sequel to dismissal of the writ petition, WPMP.No.3150 of 2008 filed by the petitioners for interim relief is disposed of, as infructuous. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 08.02.2008 Dsr