IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 12536 OF 2010 Between: B.Rajhamallu ..... PETITIONER AND Regional Transport Officer, Karimnagar and another .....RESPONDENTS The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration No.KA-33/2172 vide VCR No. 1269166 dated 25.05.2010, as illegal and arbitrary and consequently to direct the respondents to release the said vehicle to the petitioner, pending enquiry, the petitioner filed this writ petition. Petitioner is a registered owner of the above said vehicle and had been operating the same and while it was returning from Srirampur to Godavarikhani, on 25.5.2010, the second respondent checked the vehicle and found that it was carrying 40 persons, and was plying without Registration Certificate and no proof of payment of tax for quarter ending 30.6.2010, apart from other irregularities. Hence, the said vehicle was seized and kept at the R.T.C. Depot for safe custody. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport appearing for the respondents. The learned Government Pleader for Transport submits that the petitioner has to participate in the enquiry and he is liable to pay the tax and penalty that may be imposed, while it is the submission of the learned counsel for the petitioner that though the petitioner had approached the first respondent and offered to pay the tax and compounding fee for the alleged irregularities, the first respondent did not entertain the request of the petitioner to release the vehicle. Since the petitioner is entitled to question the imposition of penalty, having regard to the fact that enquiry is pending before the second respondent, without expressing any opinion on merits, we deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle bearing registration No.KA-33/2172 seized under Check Report No.1269166 dated 25.5.2010 subject to the payment of Rs.25,000/- (Rupees twenty five thousands only) and furnishing an undertaking to the effect that the vehicle in question will not be alienated and no encumbrance will be created and shall produce the vehicle as and when required by the respondents. It is made clear that the amount paid pursuant to this order, shall be subject to the result of the enquiry. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari ___________________________ Justice Nooty Rama Mohana Rao June 7, 2010 Copy within two days //BO// MAS.