IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 10106 of 2006 Between: 1 M.Rajaiah S/o.M.Mysaiah R/o.Mothi Mandal, Mirdoddi, Medak District 2 G.Kistaiah S/o.Lachaiah R/o.Chittapur Mandal, Dubbaka, Medak District ..... PETITIONERS AND 1 The Regional Transport Officer, Siddipet, Medak District 2 The Motor Vehicles Inspector, Medak 3 The Station House Officer, P.S.Ramayampet, Medak 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 to issue any writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 and 2 in not considering the explanation offered by the petiioner dated 19.4.20006 and 21.4.2006 and consequently declaring the action of the respondents 1 and 2 in seizing the Tractor and Trailor Ch.No.96911701183 Engine No.569288526433 and Trailor No.APB/5035 dated 10.2.2006 and show cause notice No.R.No.940/A2/SDPT/2006 dated 24.3.2006 issued by the 1st respondent as is illegal, arbitrary and contrary to law and in violation of Article 21 of Constitution of india and to direct the respondents to release the vehicle mentioned above Counsel for the Petitioners:MR.G.ARUN KUMAR Counsel for the Respondents: GP for Transport The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10106 of 2006 ORDER: First petitioner is owner of tractor bearing No.969911701183 and engine No.56928526433, and second petitioner is owner of trailor bearing No.APB 5035. Both of them allege that they did not use the tractor with trailor and it was lying unused for a long time. On 10.02.2006 second respondent checked the vehicle, having found that the tractor was driven by person without driving licence and without valid documents, seized the tractor with trailor and submitted report to first respondent. Registered owner submitted applications on 14.03.2008 and 21.04.2006 stating that tractor with trailor was not used for long time sought to waive tax and penalty. First respondent then issued show- cause notice dated 24.06.2006 calling upon the petitioner to pay Rs.12,120/- towards tax and Rs.24,240/- penalty, in total Rs.36,360/-, which is assailed in instant writ petition. Heard learned counsel for petitioner and learned Assistant Government Pleader for Transport Department. The tractor is registered with motor vehicles department, in which event it is necessary to pay quarterly tax as per Section 3 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (the Act, for brevity), default of which attracts penalty under Section 6 of the Act and Section 8 of the Act enables the officer prescribed to seize and detain vehicles till tax and penalty is paid. In that view of the matter, impugned order is unassailable. The writ petition is, therefore, dismissed. No costs. _____________ (V.V.S.RAO, J) 11th December, 2008 GHN To 1 The Regional Transport Officer, Siddipet, Medak District 2 The Motor Vehicles Inspector, Medak 3 The Station House Officer, P.S.Ramayampet, Medak District 4 2CCs to GP for Transport 5 2CD copies Form-NIC-OGS/WP{TRK}