IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6209 of 2008 Between: K.Shankar S/o.Durgaiah B.No.AP 15 T 8527/8528 R/o.Ranpally , Peddapalli Mandal, Karimnagar District ..... PETITIONER AND 1 The Deputy Transport Commissioner & secretary Regional Transport Authority, Karimnagar 2 The Motor Vehicle Inspector, Peddapalli of Karimnagar District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in seizing the petitioner Tractor and Trailer registration bearing No.AP 15 T 8527 and 8528 respectively under the Check Report 0124509 dated 30.1.2008 as arbitrary, and illegal and consequently direct the respondents herein to release the Tractor and Trailer bearing registration NP.AP 15T 8527 and 8528 in favour of the petitioners and pass Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondents : GP FOR TRANSPORT The Court made the following : THE HOUNOURABLE SRI JUSTICE B. PRAKASH RAO & THE HOUNOURABLE SRI JUSTICE C.Y.SOMAYAJULU W.P.No. 6209 of 2008 ORDER (per Sri Justice B. Prakash Rao) 1. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Transport, who takes notice on behalf of the respondents and at their request, the main writ petition itself has been taken up for disposal at the stage of admission. 2. The vehicle, namely, Tractor-Trailer of the petitioner bearing Registration No. AP-15-T-8527/8528 was seized vide vehicle check report, dated 30-01-2008 on the ground that driver of the vehicle has not produced the relevant documents pertaining to the vehicle and plying the same without payment of tax at the time of checking. Both the counsel have urged their respective contentions. But however, the fact remains necessary enquiry has to be conducted. 3. The learned Government Pleader for the respondents submitted that the petitioner has not paid the tax including penalty from the year 2001 onwards, which comes to more than Rs.70,000/-. 4. Considering the submissions made by both the counsel and on perusal of material, we deem it appropriate to direct the respondents to release the vehicle in favour of the petitioner imposing some conditions. 5. The writ petition is disposed of, directing the respondents to release the vehicle bearing Registration No. AP-15-T-8527/8528 seized under vehicle check report, dated 30-01-2008 in favour of the petitioner subject to the condition of petitioner depositing Rs.30,000/- within a period of four weeks from today. However, it shall be open to the respondents to conduct enquiry and determine the liability towards tax and penalty etc, in accordance with law. No order as to costs. _______________ B.PRAKASH RAO,J _______________ C.Y.SOMAYAJULU,J 25-03-2008 Stp S ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}