IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6143 of 2008 Between: S. Chandra Shekar Reddy, S/o. S. Narayana Reddy, R/o. G-5, First Floor, Road No.1, Telephone Colony, R.K. Puram, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Ranga Reddy District East at Uppal. 2 The Motor Vehicles Inspector, Miryalguda, Nalgonda 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 to issue a Writ, Order or direction, especially, one in the nature of Writ of Mandamus declaring the seizure of the petitioner's lorry bearing No. AP 29 T 4655 vide vehicle check report No. 2095068 dated 5-3-2008, is illegal, arbitrary and voilative of Article 19(1)(g) of the Constitution of India and pass Counsel for the Petitioner:MR.SUDHINI YADAGIRI REDDY Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 6143 of 2008 Order: Questioning the action of the respondents in seizing his lorry bearing Registration No. AP 29 T 4655 on the ground that the said vehicle is carrying weight exceeding the permissible limit under the Motor Vehicles Act, 1988 (for short ‘the Act’), the petitioner filed the present writ petition. When the matter is taken up for admission, the learned Assistant Government Pleader for Transport submitted that under Rule 448-B of the A.P. Motor Vehicles Rules, 1989, the petitioner has to make an application before the competent authority for compounding the offence and release of his vehicle on payment of fine as provided under Section 194 of the Act. However, the petitioner without filing such an application before the competent authority has directly approached this Court. In the circumstances, the petitioner is directed to make an application under Rule 448-B of the A.P. Motor Vehicles Rules, 1989, before the competent authority for compounding the offence and release of his vehicle on payment of fine as provided under Section 194 of the Act, and if any such application is made, the competent authority shall consider the same and pass appropriate orders thereon in accordance with law and release the vehicle. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 02.04.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}