THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE N.RAVI SHANKAR W.P.No.170/2011 Date of Order: 24-1-2011 Between: 1. B.Chandrasekhar and another …Petitioners and 1. Motor Vehicles Inspector, Vigilance & Enforcement, State Transport Authority, Hyderabad and another. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE N.RAVI SHANKAR W.P.No.170/2011 Oral Order: (Per Honourable Sri Justice A.Gopal Reddy) The vehicles i.e., Dumper bearing Chassis No.8952F belonging to the first petitioner and the vehicles viz., Dumpers bearing chasis No.H201F and Chasis No.110142F and Dumper bearing Engine No.25181354 belonging to the second petitioner have been checked by the Motor Vehicles Inspector Ongole, at the site of M/s. Tulip Granite (P) Limited, and seized under Vehicle Check Reports, on the ground that they are plying without registration and failed to produce proof of payment of life tax and driving licence. Questioning the same, the present writ petition has been filed. Learned counsel for the petitioners submits that according to Sec. 10 of the A.P. Motor Vehicles Taxation Act, 1963 (for short “the Act”) the motor vehicles in question are exempt from the said Act as they are designed and used solely for agricultural and mining purposes and therefore seizing the vehicles on the ground that life tax has not been paid is not justified and since other offences are compoundable in nature, the vehicles cannot be seized. Under Rule 448-B of the A.P. Motor Vehicles Rules, 1989, whenever a vehicle is seized, the owner of the vehicle has to approach the competent authority either for release of the vehicle or request the authority to compound the offence as it is compoundable. Whether the petitioners are mining owners or agriculturists running vehicles, and whether they are entitled to exemption under Sec. 10 of the Act has to be decided by the authority before whom the application is made for release of the vehicle. Unless the vehicles are registered in the name of the owner or occupier of any agricultural land or mine, the petitioners are not entitled to automatic exemption and they cannot claim exemption under Sec. 10 of the Act. In view of the same, the petitioners are at liberty to approach the competent authority by filing appropriate application, and on filing such application, the competent authority shall consider the same and pass appropriate orders. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ________________ A.GOPAL REDDY, J. _______________ N.RAVI SHAKNAR,J Dt.24-1-2011 Note: Issue CC tomorrow (BO) kmr