IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 18094 of 2009 Between: 1 S.Rahamathulla S/o.S.Ismail R/o.2-727-3A Chinna Chowk Street, Kadapa 2 T.Venkata Ramana S/o.T.Bala Subbaiah R/o.7/138 NGO colony, Kadapa ..... PETITIONER(S) AND 1 The Deputy Transport Commissioner, and Secretary Regional Transport Authority, Kadapa 2 The Sub Inspector of Police, Special Driver Kadapa .....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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in seizing the petitioner Motor Cab (7 Seater Auto) bearing registration No.AP 04/TV 0425 seized under check report No.261 dated 18.8.2009 as illegal, and arbitrary,and consequently direct the respondents herein to release the Motor Cab (7 Seater Auto) bearing registration No.AP 04/TV 0425 seized under check report No.261 dated 18.8.2009 in favour of the 2nd petitioner Counsel for the Petitioner: MR.S.ARIFULLAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 18094 of 2009 O R D E R: It appears, 1st petitioner is the owner of Motor Cab (7 seater Auto) bearing registration No. AP 04/TV 0425. When it was plying between Vantimatta to Kadapa, it was intercepter near Bakarapet on 18.8.2009 at 10.30 a.m. According to the check report, the petitioners failed to produce driving licence, proof as to payment of insurance etc. Therefore, the said vehicle was seized and kept at Siddavatam Police Station. According to the petitioners, though several representations were made, the vehicle is not released till date. Under those circumstances, without expressing any opinion on merits, the respondents are directed to release the Motor Cab (7 seater Auto) of the 1st petitioner bearing Registration No. AP 04/TV 0425 Tata Magic, on condition the petitioners deposit an amount of Rs.3,000/- (Rupees three thousand only), which will be subject to further enquiry that may be conducted by the concerned authorities. The petitioners shall also give an undertaking that they will not alter the nature of the vehicle and they will not create any third party rights over the said vehicle pending the proceedings before the concerned authorities. The writ petition is accordingly disposed of. No order as to costs. JUSTICE C.V. RAMULU. Date: 27-8-2009. Note: Operative portion by wire at party’s costs. (BO) MVB.