IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 2768 of 2009 Between: M. Siva Prasad, S/o. M. Raja, R/o. 5/5, Gandhi Road, Proddutur, Kadapa District. ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Kadapa, Kadapa District. 2 The Motor Vehicle Inspector, Kadapa, Kadapa District. .....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 issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent herein in seizing and detaining the petitioner’s vehicle bearing Registration No. AAT3595 vide Vehicle check Report No. 2368658, dated 4-10-2008 under Sec. 8 of Andhra Pradesh Motor Vehicle Taxation Act and 207 M.V. Act as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to release the vehicle bearing Registration No. AAT 3595 forthwith to the petitioner, in the interest of justice and grant such other relief or reliefs Counsel for the Petitioner: MR.B.CHANDRA SHEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by learned Government Pleader for Transport appearing for the respondents. At the request of the learned advocates, the petition is finally heard today. 2. The petitioner has made a grievance in the petition that his vehicle bearing registration No. AAT 3595 has been detained by respondent No. 2. It is his case that the vehicle ought to have been released in pursuance of an application made by him. 3. Learned Government Pleader has submitted that at the check post, it was found that no tax was paid in relation to the vehicle in question. More over, several other irregularities were noticed by the Motor Vehicle Inspector, Kadapa which have been referred to in a report dated 04-10-2008. It has also been submitted that for the reasons recorded in the said report, the vehicle has been seized at present. 4. Learned advocate appearing for the petitioner has submitted that the petitioner is ready and willing to pay the amount of tax which is Rs.46,000/- and compounding fees Rs.15,225/- along with an application for release of the vehicle. 5. Looking to the fact that the petitioner is ready and willing to make payment of tax as well as compounding fees, it is directed that upon payment of the aforestated amount namely, Rs.61,225/-, the vehicle would be released on a condition that the petitioner gives an undertaking to respondent No.2 that he would not transfer or create any right in third party in respect of the vehicle in question till the penalty proceedings are completed. This amount will be adjusted against the amount to be paid by the petitioner in pursuance of the final order which may be passed by respondent No.2 or any other authority. 6. In view of the above order, the petition stands disposed of as allowed to the above extent with no order as to costs. __________________________ ANIL R. DAVE, CJ _________________________________ RAMESH RANGANATHAN, J 02nd March, 2009. ks