IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12163 of 2008 Between: M/s. M.V.R. Constructions, No. 19, Srinivasa Road, Kadarenahalli, Bangalore, Karnataka State, Rep. by Managing Partner M.V. Raghunadha Naidu S/o. Munaswamy, aged 45 yrs ..... PETITIONER AND 1 The Regional Transport Officer, Chittoor, Chittoor District. 2 The Motor Vehicles Inspector, Chittoor, Chittoor District, 3 The Station House Oficer, Bangarupalyam Police Station, Chittoor District. .....RESPONDENTS 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 an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle No. KA-01-Z-2314 vide Check Report No. 0212842 dt.11-4-2008 and not releasing the vehicle No. KA-01-Z-2314 in favour of the petitioner as bad, arbitrary illegal, and violation of principles of natural justice and consequently direct the respondents to release the vehicle no. KA-01-Z-2314 in favour of the petitioner. Counsel for the Petitioner:MR.RAJENDRA BUSSA Counsel for the Respondents.: GP FOR TRANSPORT The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:12163 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the respondents in seizing the vehicle No. KA-01-Z-2314 vide Check Report No. 0212842 dt.11-4-2008 and not releasing the vehicle No.KA-01-Z-2314 in favour of the petitioner as bad, arbitrary illegal, and violation of principles of natural justice and consequently, to direct the respondents to release the vehicle in question forthwith. The vehicle in question was seized on 11.4.2008 on the ground that the vehicle was plying without registration, tax, Insurance, PUCC & DL in AP State. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport. Perused the material available on record. While submitting on instructions that the vehicle in question belongs to Karnataka State and the petitioner has to pay Rs.1,25,600/- towards tax due and compounding fee of Rs.5,225/- thereon, the learned Government Pleader seeks a direction to the petitioner to furnish a bank guarantee for Rs.1,25,600/- and to pay the compounding fee and on such direction, the vehicle may be directed to be released. We see some force in the contention of the learned Government Pleader. Under these circumstances and since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, and in view of the fact that the vehicle in question belongs to Karnataka State, We feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner furnishing a Bank guarantee for Rs.1,25,600/- to the satisfaction of the 1st respondent and paying Rs.5,225/- either by way of a cheque or a Demand Draft, within a period of eight weeks from today and also on production of the original documents besides furnishing an undertaking to the effect that the vehicle would not be transferred and any third party rights would not be created, pending enquiry and that the vehicle would be produced as and when the same is required by the respondents-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. The petitioner is further directed to file objections to the show cause notice dated 16.5.2008, within a period of four weeks from today. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 27th June, 2008 Note: Issue CC in one week (BO) Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12163 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 27.6.2008