THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 4856 of 2010 Date: 04.03.2010 Between: A. Sridhar Reddy. … Petitioner and The Commissioner, Transport Department, Khairathabad, Hyderabad and two others. … Respondents. THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 4856 of 2010 ORDER: Heard Sri N. Ravi Prasad, learned Counsel for the petitioner and the learned Government Pleader for Transport and at their request the writ petition is being disposed off at the stage of admission. The petitioner purchased a Vibratory Soil Compactor Ingersoll Rand (Road Roller) of 1992 make on 19.02.2005 under an agreement of sale. It is his case that the said Road Roller is not a Motor Vehicle under Section 2(28) of the Motor Vehicles Act and that in any event, since an enquiry is pending, the respondents were not justified in directing him to pay a penalty of twice the amount of tax of Rs.2,97,680/- and computing fee of Rs.7,000/-. Sri N. Ravi Prasad, learned Counsel for the petitioner, would fairly state that, in view of the judgment of the Supreme Court holding that Road Rollers are Motor Vehicles, it may not be open for the petitioner herein to contend otherwise. Since an enquiry is said to be still pending, I consider it appropriate to direct the respondents to release the petitioner’s vehicle on the deposit of the tax amount of Rs.1,48,840/- with the 1st respondent. The amount levied towards penalty shall be subject to the result of the enquiry pending before the 1st respondent. The petitioner shall participate in the enquiry and, during its pendency, shall not alienate or create any third party rights with regards the Road Roller. He shall also file an undertaking to that effect before the 1st respondent on receipt of which, and on deposit of Rs.1,48,840/-, the vehicle shall be released. The writ petition is disposed of accordingly. No costs. Date: 04.03.2010 ____________________________ RAMESH RANGANATHAN,J Note: Issue copy by 09.03.2010 B/o MRKR