IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24053 of 2008 Between: Sri Sai Venkataraman Constructions Rep. by its Managing Partner A. Shri Ramulu S/o. Chennaiah,aged 62 yrs, R/o. D.No. 3/457, Lakshmipuram, Nellore, Nellore District. ..... PETITIONER AND 1 The Transport Commissioner Transport Bhavan, Khairtabad, Hyderabad. 2 The Secretary, Regional Tranpsort Authority, Nellore, Nellore District. 3 The Secretary, Regional Tranpsort Authority, Nandyal, Nellore District. 4 The Motor Vehicle Inspector, Nandyal, Kurnool District. .....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 writ order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings of District Order in R.No. 894/A3/2008 dt. 1-10-2008 of the 3rd Respondent herein of the petitioner's heavy goods vehicle bearing registration No. AP 26 U 8825 under Revenue Recovery Act in spite of Payment of tax for quarter ending 31-3-2008 as illegal, un constitutional and contrary to the stautory provisions and consequential direct the respondents herein not to conduct auction of the said vehicle, and to pass such other order or orders Counsel for the Petitioner: MR.B.CHANDRA SHEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : ORDER: (Per Sri A. Gopal Reddy, J) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport and with their consent, the writ petition is disposed of at the stage of admission. The petitioner is the owner of heavy goods vehicle bearing registration No. AP 26 U 8825. The vehicle was seized by the Deputy Transport Commissioner, Nellore vide proceedings in R.C No. 4424/B2/2008, dated 24-06- 2008 for unauthorisedly altering the chassis frame and for replacing the chassis without any authority. Subsequently, the registration of the vehicle was also cancelled. Questioning the same, the petitioner ﬁled an appeal before the Transport Commissioner, Andhra Pradesh, Hyderabad, the 1st respondent herein on 22-07- 2008. While the matter is pending, distract order dated 01-10-2008 was issued followed by paper publication in the newspaper stating that in spite of issuing show cause notice to the vehicle owners, there was no response and, therefore, the vehicles which were seized including the vehicle in question will be sold in open auction on 07-11-2008. In view of the same, the petitioner moved this Court questioning the distract order dated 01-10-2008. Admittedly, appeal is pending against the cancellation of the registration of the vehicle in question and the distract order is only a consequential order. Therefore, the petitioner can move the appellate authority for appropriate relief. In view of the same, the writ petition is disposed of directing the respondents not to sell the vehicle bearing registration No. AP 26 U 8825 for a period of ten days from today for enabling the petitioner to move the appellate authority for appropriate relief. Learned Government Pleader undertakes to instruct the same to the 2nd respondent. A. GOPAL REDDY, J VILAS V. AFZULPURKAR, J 05-11-2008 ks ........REGISTRAR To 1 The Transport Commissioner Transport Bhavan, Khairtabad, Hyderabad. 2 The Secretary, Regional Tranpsort Authority, Nellore, Nellore District. 3 The Secretary, Regional Tranpsort Authority, Nandyal, Nellore District. 4 The Motor Vehicle Inspector, Nandyal, Kurnool District. 5 Two CCs to the Government Pleader for Transport, High Court of Andhra Pradesh, Hyderabad (OUT). 6 Two CD copies.