THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6620 of 2010 DATE: 29-3-2010 Between: G.Venkatesh Goud …. Petitioner And 1. The Govt. of A.P. rep. By its Prl. Secretary, Transport Department Hyderabad and 2 others … Respondents THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6620 of 2010 ORDER: Heard Sri K.Laxmaiah, Learned Counsel for the petitioner and the learned G.P. for Transport and, at their request, the writ petition is being disposed of at the admission stage. The petitioner claims to be owner of an auto bearing No.AP 13W 9772. It is his case that he met with an accident in the year 2005 and that he has not been using the vehicle ever since then. He would submit that he had given the auto for repairs to the mechanic a week prior to the date of seizure and, thereafter, while the vehicle was being brought to his house it was stopped and seized. Seeking a direction that the vehicle be released the petitioner has invoked the jurisdiction of this Court. Sri K.Laxamaiah, Learned Counsel for the petitioner, would submit that while the respondents may have the power to direct the petitioner to pay the tax due in its entirety along with compounding fee, there was no justification in insisting on payment of the penalty as a condition for release of the vehicle. Since the petitioner has the remedy of preferring an appeal against the order of penalty, I consider it appropriate to direct the respondents to release the vehicle on condition that the petitioner pays the tax due in its entirety along with compounding fee without insisting on payment of penalty till completion of the proceedings pending against him. The petitioner shall give an undertaking that he shall neither sell nor create third party rights over the vehicle in question and that he shall produce the vehicle as and when required for the enquiry. The writ petition is, accordingly, disposed of. No order as to costs. ___________ 29-3-2010 Note: C.C. by 31.3.2010 B/o asp