THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :12980 of 2010 Dated: 10.6.2010 Between: G. Raju ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Nizamabad and another. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 12980 of 2010 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the action of the 2nd respondent in seizing and detaining the petitioner’s LMV-Maxi Cab bearing Registration No.AP 25 U 1555 vide Vehicle Check Report dated 16.04.2010 as illegal and arbitrary and consequently, to direct the respondents to release the vehicle in question forthwith. The vehicle in question was seized on 16.4.2010 on the ground that it was found plying without valid documents and payment of tax. 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. The learned Government Pleader submitted that the vehicle may be directed to be released subject to payment of tax by the petitioner. While submitting that the petitioner is ready to pay tax due, the learned Counsel for the petitioner seeks two weeks time for payment. In the facts and circumstances of the case and since no purpose would be served by keeping the vehicle in custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, 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 paying entire tax due, within a period of two weeks from today and also on production of original documents besides furnishing an undertaking to the effect that he would not alienate or transfer the vehicle in any manner pending enquiry and that he would produce the vehicle as and when the same is required by the respondent-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. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _______________________________ Justice Nooty Ramamohana Rao Date: 10th June, 2010 Note: CC in two days (BO) Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 12980 of 2010 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 10.06.2010