THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.2753 of 2008 Date: 12.02.2008 Between: M/s.S.Lalaiah and Company … Petitioner AND The Motor Vehicle Inspector, Nalgonda and another … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.2753 of 2008 ORDER: This writ petition is filed for a writ of mandamus to set aside Vehicle Check Report, dated 31.01.2008, whereunder Tipper bearing registration No.AP 28 T 6384 of the petitioner was seized on 31.01.2008 at 11.30 a.m. near Thipparthy, Nalgonda District. The Vehicle Check Report discloses that the vehicle in question was seized for the following irregularities: “Stopped, and checked the above vehicle, and found following irregularities. 1) R.C. not produced no tax paid for the quarter 31- 12-2007 & 31-03-2008, Ch. No.SYE 358867, & Engine No. SY 211311; 2) not produced Fitness Certificate; 3) no permit 4) No Insurance Certificate;” At the hearing, Sri Lakshmi Manohar, learned counsel for the petitioner admitted that the petitioner did not file any application before the competent authority for release of the vehicle. Under Rule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989, the Secretary of the Regional Transport Authority concerned is competent to entertain an application for release of a seized motor vehicle and dispose of the same. The petitioner has not given any reason, whatsoever, for not availing this remedy. I am of the view that if the competent authority is approached for release of the vehicle, he will be in a proper position to appreciate the contentions raised by the petitioner and if any adverse order is passed, the aggrieved party is always free to avail further remedies available under law. I am, therefore, not inclined to entertain this writ petition filed bypassing the effective remedy provided by the statutory rules. The writ petition is, therefore, dismissed. The petitioner is permitted to file an appropriate application before the competent authority seeking release of the vehicle. On such application being made, the competent authority is directed to dispose of the petitioner’s application within three days from the date of receipt of the same. As a sequel to dismissal of main petition, WPMP.No.3541 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 12th FEBRUARY, 2008 kvni