HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO.21 OF 2009 Order: (Per Hon’ble Sri Justice D.S.R. Varma) In this writ petition, the petitioner seeks for a Writ of Mandamus to declare the action of the respondents in seizing the petitioner’s tractor and trailer bearing Nos. AP 15 T 6154 and AP 15 T 6155 vide vehicle Check Report No. 3052408, dated 11.12.2008 as illegal and arbitrary. He also sought for a consequential direction to the 1st respondent to release the said vehicle. The petitioner, who is an agriculturist, is the owner of a tractor and trailer bearing Nos. AP 15 T 6154 and 6155. According to the petitioner, in the first week of November, 2008, the tractor and trailer in question was sent for the purpose of undertaking some repairs. While so, on 11.12.2008, when it was on trial run, the 2nd respondent herein seized the same under Section 8 of the A.P. Motor Vehicle Taxation Act and under Section 207 of the Motor Vehicles Act vide vehicle check report No. 3052408 on the ground that the driver of the vehicle was not having a valid driving licence; that the tractor number was not traced out and on the ground that the driver failed to produce the documents of the tractor and trailer in question. Thereafter, the petitioner appears to have approached the 1st respondent seeking release of the said vehicle by producing the relevant documents, but the 1st respondent refused to release the same. Petitioner states that the vehicle in question is light motor vehicle and if the same is not released, the same may be exposed to bad weather conditions and its value may be diminished. He, therefore, filed the present writ petition. Having regard to the fact that the enquiry into the allegations levelled against the petitioner is still pending, we feel it appropriate to dispose of the writ petition with a direction to the respondents to release the tractor and trailer in question on condition of the petitioner depositing a sum of Rs. 10,000/- (Rupees Ten Thousand Only) and on the petitioner furnishing an undertaking that he shall not alienate or alter the nature of the tractor and trailer in question and shall produce the same as and when the same is required by the authorities for necessary enquiry. However, it is made clear that the amount paid will be subject to adjustment or refund, depending upon the final result of the enquiry. The writ petition is accordingly disposed of. No costs. _____________ D.S.R. VARMA,J ______________ V. ESWARAIAH,J Date: 7.1.2009 pnb