THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO. 21383 OF 2005 Dated 30th September 2005 Between: Mohan Gopu S/o.Gangaram …Petitioner And The Deputy Transport Commissioner & Secretary, Regional Transport Authority, Nizamabad & another. …Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO. 21383 OF 2005 O R D E R: Mahindra Commander Jeep of the petitioner, bearing Registration No.AP- 25T-7528, was seized on 26.7.2005, on the ground that the petitioner failed to produce the necessary documents, in relation to it. The petitioner challenges the seizure. Heard the learned counsel for the petitioner, and learned Government Pleader for Transport. A perusal of the Vehicle Check Report, dated 26.7.2005, issued by the second respondent, discloses that the petitioner failed to produce the permit and R.C. of the vehicle, and that it was being driven without licence. Certain other lapses were also pointed out. The liability of the petitioner, in the context of these observations, needs to be established, in the proceedings to be initiated, under the relevant provisions of the Motor Vehicles Act. If the vehicle is detained and kept in the custody of the first respondent, till such proceedings take place, not only the petitioner would be put to irreparable loss, but also the vehicle would be exposed to the danger of theft and damage. The interest of the State can be protected, by imposing necessary conditions, while permitting the petitioner to keep the custody of the vehicle. For the foregoing reasons, the writ petition is disposed of, directing that; a. the Mahindra Commander Jeep of the petitioner, bearing Registration No.AP-25T-7528, shall be released to the petitioner, on his depositing a sum of Rs.5,000/- (Rupees Five thousand only). b. the petitioner shall also furnish an undertaking to the effect that he shall not alienate the vehicle, till the proceedings in pursuance of the Check Report are finalized, and that he shall produce the vehicle as and when required. There shall be no order as to costs. ______________________ 30th September 2005 PAN