IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9664 of 2009 Between: A. Mahender, S/o. Papaiah, R/o. 11-1-133/1, Abadi Jammikunta, Karimangar District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Karimnagar, Karimnagar District. 2 The Motor Vehicles Inspector, Huzurabad, Karimnagar District. 3 Station House Officer, Jammikunta Police Station, Jammikunta, Karimnagar 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the petitioner vehicle bearing Registration No. AP 15 W 2953 vide the 2nd respondent's vehicle Check report No. 0104042, dt. 3-3- 2009 as illegal, arbitrary unjust and unreasonable and consequently direct the respondents to release the said vehicle forthwith to the petitioner herein. Counsel for the Petitioner:SMT.M.VINOBHA DEVI Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: This writ petition is filed for a writ of Mandamus to declare the seizure of the vehicle of the petitioner bearing registration No. AP 15 W 2953 under vehicle check report No.0104042 dated 3.3.2009 by the Motor Vehicle Inspector, Huzurabad, Karimnagar District as arbitrary and illegal and consequently to direct the respondents to release the same. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents and at their request the writ petition is taken up for disposal at the admission stage. The case of the petitioner is that he purchased the vehicle in question in the year 2003 by obtaining loans from the financial institutions and operated the same for about 4 years by paying the tax. Thereafter, the vehicle got major repairs and due to financial problems, he could not get the vehicle repaired and kept the same under stoppage. While the matter stood thus, on 3.3.2009, while the vehicle was proceedings towards the workshop for getting the repairs done, the 2nd respondent – Motor Vehicle Inspector, Huzurabad, Karimnagar stopped the empty vehicle and seized the same alleging that the documents of the vehicle were not produced, and kept the same at Jammikunta Police Station for custody. Hence he filed this writ petition seeking release of the vehilcle stating that the vehicle was seized without following the due procedure prescribed under law and without conducting any enquiry. The petitioner further states that if the vehicle is not released, pending enquiry, the same may be exposed to bad weather conditions and its value may be diminished. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Deputy Transport Commissioner, Karimnagar as per which the petitioner has to pay a sum of Rs.6,000/- towards the tax and penalty of Rs.10,875/- apart from the compounding fees of Rs.5,725/-. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees and on furnishing an undertaking that he shall not alienate or alter the nature of the vehicle and shall produce the same as and when required by the authorities. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. It is made clear that the amount paid shall be subject to adjustment or refund depending upon the final result of the enquiry. N.V.RAMANA,J DT.1.5.2009 Note: Furnish CC in two days (B/o) msv