IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6416 of 2008 Between: P.Mansoom S/o.Akber R/o.Venkatapuram(V) Leeja(M) MBNR Dist ..... PETITIONER AND 1 The Secretary Regional Transport Authority Mahabubnagar Dist 2 The Motor Inspector Kurnool Kurnool Dist .....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 more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the petitioner Tractor bearing Registration No.AP 22j 4902 and Trailor Chassis No.KI-20 vide the 2nd respondent's Vechicle Check Report No.0332054 dt.2-03-2008 as illegal arbitrary unjust and unreasonable and consequetly direct the respondents to release the said vehicle forthwith petitioner herein and to pass Counsel for the Petitioner:SMT.M.VINOBHA DEVI Counsel for the Respondents: SRI K.RAJI REDDY, SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX. The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO AND THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.6416 of 2008 ORDER: (Per Hon’ble Sri Justice B.Prakash Rao) Heard Sri M.Vinobha Devi, learned Counsel for the petitioner and Sri K. Raji Reddy, learned Special Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents, and at their request the main writ petition itself is taken up for disposal. The petitioner herein who is the owner of the vehicle being tractor and trailor, tractor bearing No.AP 22 J 4902, the trailor which is not registered one, with chassis No.K1-20, files this writ petition inter alia seeking to assail the seizure thereof vide check report, dated 02.03.2008. Though several contentions are urged on behalf of the petitioner and opposed by the learned Special Standing Counsel for the respondents, the fact remains that the enquiry has to be conducted where all these questions have to be considered. However, admittedly, the trailor is not registered and therefore, the question of releasing the same till the petitioner gets it registered does not arise. Therefore, the writ petition is disposed of, directing the respondents to release the tractor bearing No.AP-22J- 4902 seized under vehicle check report, dated 02.03.2008, in favour of the petitioner subject to condition of petitioner depositing Rs.5,000/- (Rupees Five Thousand only), which will be subject to the ultimate decision in regard to any liability of the tax etc., There shall be no order as to costs. __________________ B.PRAKASH RAO, J. __________________ C.Y.SOMAYAJULU, J. Date:26.03.2008. GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}