IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16277 of 2008 Between: 1 Savitra Bai Jadav W/o Jadhav Uttam 2 Jadhav Uttam S/o Hattu Both are R/o Malangi Village, Narnoor Mandal, District Adilabad. ..... PETITIONER(S) AND 1 The Deputy Transport Commissioner Cum Secretary, Regional Transport Authority Adilabad, District Adilabad. 2 The Motor Vehicle Inspector, Adilabad, Asifabad, District Adilabad. .....RESPONDENT(S) 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 or issue an appropriate Writ, more particularly in the nature of Writ of Mandamus, directing the respondents herein to release the vehicles of the petitioners herein i.e, tractor bearing No. AP 01V6827 and Trailer bearing No. AP 1/T 3614 which were seized by the respondent No. 2 under vehicle check report No. 1046316 dated 11-7-2008 and declare the action of the respondents in not releasing the said vehicles of petitioners is illegal arbitrary, violative of Article 14 and 21 of the Constitution of India, and mandatory provisions of M.V. Act & Rules, and as well as APMV. Taxation Act & its Rules, and to pass any such other order or orders as deemed fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.S.CHANDRASEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 16277 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) The present writ petition has been filed seeking a direction to the respondents to release the vehicles of the petitioners herein i.e, tractor bearing No. AP 01V6827 and Trailer bearing No. AP 1/T 3614 which were seized by the respondent No. 2 under vehicle check report No. 1046316 dated 11-7-2008 and declare the action of the respondents in not releasing the said vehicles of petitioners is illegal arbitrary, violative of Article 14 and 21 of the Constitution of India, and mandatory provisions of Motor Vehicles Act and Rules, as well as AP Motor Vehicles Taxation Act and Rules. Heard learned counsel for the petitioners and the learned Government Pleader for Transport. The vehicles of the petitioners were checked and seized on 11.7.2008 while it was proceeding from Kerameri to Loadiguda with no proof of registration, payment of tax, permit and driving licence. The vehicles were seized under Section 8 of the Motor Vehicle Taxation Act. The learned Government Pleader for Transport has submitted, on instructions, that the petitioners will have to pay tax of Rs.22,000/- and also compounding fee of Rs.7,425/- which may be subject to determination in an enquiry. After hearing the learned counsel for the parties, we direct the respondents to release the vehicle bearing registration No. AP 01V6827 and Trailer bearing No. AP 1/T 3614 in favour of the petitioners subject to payment of Rs.30,000/- (Rupees Thirty Thousand only). The petitioners shall file an undertaking before the respondents-authorities that they shall not transfer, alienate or create third party in the vehicle or change the nature of the vehicle and shall produce the vehicle before concerned authorities as and when required. However, this order will not preclude the respondents from conducting the regular enquiry. The writ petition is disposed of accordingly. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.28.7.2008 NB: Operative Portion by wire at party’s costs by tomorrow. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner Cum Secretary, Regional Transport Authority Adilabad, District Adilabad. 2 The Motor Vehicle Inspector, Adilabad, Asifabad, District Adilabad. 3. 2 CCs to GP for Transport 4. 2 CD copies Form-NIC-OGS/WP{TRT}