IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE 5th DAY OF FEBRUARY, 2010 PRESENT: HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.2139 of 2010 BETWEEN: C. Prameela … PETITIONER(S) AND The Secretary, Regional Transport Authority, Ranga Reddy District and another …RESPONDENT(S) HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.2139 of 2010 ORDER: This petition is filed seeking to issue a writ in the nature of mandamus declaring the seizure and detention of the vehicle bearing no.AP-28-Y-6871 belonging to the petitioner under Vehicle Check Report No.0254107 dated 30.01.2010 by the 2nd respondent as illegal and, consequently, direct the respondents to release the vehicle bearing No.AP-28-Y-6871 to the petitioner forthwith. Heard the learned counsel for petitioner and the learned Government Pleader for Transport appearing for respondents. A perusal of the vehicle check report indicates that there are allegations against the petitioner to the effect that she has not produced the proof of payment of tax apart from the Certificate of Registration, Fitness Certificate, Insurance Certificate, Permit, etc. The learned Government Pleader, on instructions, submits that there is no proof of payment of tax for the last 4 quarters in respect of the vehicle in question and the tax due towards the vehicle in question is to a tune of Rs.17,220/- and that the petitioner is also liable to pay penalty in view of the allegations referred to above. With regard to the allegations of non-payment of tax and non- production of documents by the petitioner in respect of the vehicle in question, it is a matter to be decided in the inquiry to be conducted by the competent authority. As it is stated that the vehicle was seized by the respondents, on 30.01.2010, under a Vehicle Check Report and the same is kept idle till date and no inquiry is initiated yet, I deem it appropriate to dispose of the petition directing the respondents to release the vehicle bearing No.AP-28-Y-6871 to the petitioner forthwith, on her depositing Rs.30,000/- (Rupees thirty thousand only) and furnishing an undertaking that she would not alter the nature of the vehicle or transfer the same to third parties or create any third party encumbrance on the same pending inquiry. However, it is made clear that the amount so deposited by the petitioner shall be subject to the inquiry to be conducted under the vehicle check report dated 30.01.2010. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. _______________________ R.SUBHASH REDDY, J 5th February 2010 CVRK Note: Office to issue copy by tomorrow. B/o CVRK