IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY 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 : 9938 of 2008 Between: Sjeed Hussain, S/o. Zahad Hussain R/o.7-7-44/63, Vidyanagar Colony, Adilabad District. ..... PETITIONER AND 1 The Deputy Transport Commissioner cum Secretary, Regional Tansport Authority, Adilabad, District Adilabad. 2 The Motor Vehicle Inspector, District Adilabad. ..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 or direction or issue an appropriate writ, more particularly in the nature of Writ of Mandamus directing the respondents herein to release the vehicle i.e., Maxi Cab/LMV/Mahindra & Mahindra Jeep of the petitioner herein bearing registration No. AP 01 T 6622 which was seized by the respondent No.2 under Motor vehicle Check Report No.0232993 dated 16.04.2008 and declare the said seizure of petitioner's vehicle is illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India, and mandatory provisions of M.V. Act and APMV Rules, and to pass Counsel for the Petitioner:MR.S.CHANDRASEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : O R D E R (Per BPR,J): Heard Sri S. Chandra Sekhar, learned counsel for the petitioner and the learned Government Pleader for Transport and at their request, the writ petition itself is taken up for disposal. The petitioner filed this writ petition seeking a writ of mandamus to direct the respondents to release the vehicle, namely, Maxi cab/LMV/ Mahindra & Mahindra Jeep bearing registration No. AP 01 T 6622, which was seized by the second respondent, as per the check report No.0232993, dated 16.04.2008. The main contention urged on behalf of the petitioner is that the allegations made against the petitioner are incorrect and therefore, the vehicle needs to be released. Learned Government Pleader for Transport submits that the petitioner has to pay the tax at two quarters and hence, no indulgence can be shown. Having heard the counsel on either side, we are of the view that the vehicle bearing No.AP 01 T 6622 can be released subject to payment of the tax as on today. The Writ Petition is according allowed directing the respondents to release the said vehicle subject to payment of the tax by the petitioner, as per the check report, dated 16.04.2008. Any payments made shall be subject to the ultimate decision in the enquiry. No costs. _________________ B. PRAKASH RAO, J __________________ C.Y.SOMAYAJULU, J Dated: 1st May, 2008 Note: Issue wire at party’s costs. (b/o) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CCs to G.P for Transport, High Court Buildings, Hyderabad.(OUT) 2 2 CD copies Form-NIC-OGS/WP{MSN}