IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6139 of 2009 Between: Mana Enterprises rep. by Shaik Abdul Moinuddin, R/o. LIG-688, R.D.No.5, KPHB Colony, Kukatpally, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Attapur, Ranga Reddy District. 2 Motor Vehicle Inspector, O/D on Vigilance Duty, STA, Hyderabad. .....RESPONDENTS 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 direction especially one in the nature of Writ of Mandamus declaring the seizure of the petitioner's vehicle bearing No. AP 28 W 7145 vide vehicle check report No.0067349, dt. 11.02.2009 is illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India, and consequently direct the first respondent to release the same. Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : ORDER: This writ petition is filed by the petitioner stating that he is the owner of light motor vehicle bearing No.AP 28 W 7145. As the vehicle developed major repairs, it is not in operation for several months and on 11.2.2009 when the vehicle was under trial run to know its condition, the same is seized by the 2nd respondent – Motor Vehicle Inspector, O/D on Vigilence Duty, STA, Hydearbad on the ground that the documents of the vehicle were not produced vide check report dated 11.2.2009 Therefore, he approached the 1st respondent seeking release of the vehicle, in vain. Hence this writ petition. The learned Government Pleader for Transport has produced before this Court the instructions obtained by him from the Deputy Transport Commissioner, Ranga Reddy as per which the petitioner has not paid the tax from the date of registration itself and that a sum of Rs.5,830/- towards the tax and penalty of Rs.11,600/- together with compounding fee is liable to be paid by the petitioner. The learned counsel for the petitioner submits that in similar circumstances, this Court has disposed of various writ petitions directing the release of the seized vehicles on payment of tax and compounding fees and so far as the penalty is concerned, the respondent authority has to complete the enquiry and pass appropriate orders expeditiously, which is not disputed by the learned Government Pleader. Accordingly, the writ petition is disposed of directing the respondents to release the vehicle of the petitioner on condition of his paying the tax and the compounding fees. So far as the penalty is concerned, the respondents are directed to complete the enquiry expeditiously and pass appropriate orders in accordance with law. N.V.RAMANA,J DT.25.3.2009 Note: Furnish CC in two days (B/o) msv