IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5635 of 2010 Between: Surasani Constructions rep., by its Managing Partner S.B. Ramesh Reddy. ..... PETITIONER AND 1 The Secretary Regional Transport Authority, Rangareddy East at Uppal, Rangareddy District and others. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5635 of 2010 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed seeking to declare the seizure of the petitioner’s Motor Grader bearing Chassis No.11791 vide vehicle check report No.3274362, dated 31.12.2009 under Section 8 of the A.P. Motor Vehicle Taxation Act and Section 207 of M.V. Act, as illegal and arbitrary and consequently, to direct the respondents to release the vehicle. The main grievance of the petitioner is that the enquiry will take its own time and in the mean time, the vehicle, which has been kept in open place, would be subjected to natural decay due to sun and rain. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport and perused the material available on record. The learned Government pleader on instructions submitted that the vehicle has been found plying without valid permit and payment of tax and therefore, the vehicle may be directed to be released on payment of tax. We see some force in the contention of the learned Government Pleader. In view of the fact that no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would be subjected to natural decay due to sun and rain, we feel it a fit case wherein the vehicle in question can be directed to be released but subject to certain conditions. Accordingly, the respondents are directed to release the vehicle in question forthwith to the interim custody of the petitioner subject to the condition of the petitioner paying Rs.25,000/- (Rupees Twenty Five thousand only) and on production of original documents besides furnishing an undertaking to the effect that it would not transfer the vehicle pending enquiry and that it would produce the vehicle as and when the same is required by the respondents-authorities in the course of enquiry and investigation. It is made clear that the above order does not preclude the authorities from proceeding with the enquiry. Subject to the above direction, the writ petition is disposed of. No order as to costs. __________________________ Justice T. Meena Kumari _________________________ Justice Nooty Ramamohana Rao Date: 11th March, 2010 Note: Operative portion by wire at party’s costs. (B/o) Nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5635 of 2010 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 11/03/2010