IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL 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 : 8396 of 2008 Between: D.Venkateswara Rao, S/o. Gopaiah, R/o. 7-1-621/48, S.R.Nagar, Hyderabad. ..... PETITIONER AND 1 The Asst. Secretary, Regional Transport Authority,(Central Zone) Khairtabad, Hyderabad. 2 The Motor Vehicles Inspector, F.C.T.S., R.T.A., Hyderabad(CZ) Tirumalgiri, Secunderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or direction particularly one in the nature of a writ of Mandamus, declaring the seizure of the petitioner's vehicle bearing No.AP/09X-5959 seized under vehicle Check report No.2090355, dated 15.4.2008 by the 2nd respondent as illegal, arbitrary, unjust and consequently direct the respondents to release the vehicle of the petitioner forthwith. Counsel for the Petitioner: MR.B.SIVA RAMA KRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE C.Y. SOMAYAJULU WRIT PETITION No.8396 OF 2008 ORDER: (Per Hon’ble Sri Justice B. Prakash Rao) Heard Sri B. Siva Rama Krishnaiah, learned counsel for the petitioner, and the learned Government Pleader for Transport, who took notice on behalf of the respondents, and at their request, the writ petition is taken up for disposal at the stage of admission. The petitioner’s motor vehicle bearing No.AP/09X-5959 was seized by the 2nd respondent on 15.04.2008 vide Vehicle Check Report No.2090355 for certain irregularities pointed out in the said vehicle check report. The seizure was affected under Section 207 of the Motor Vehicles Act. The grievance of the petitioner is that the respondents have not yet released the vehicle. Since no purpose would be served by keeping the vehicle in the custody of the respondents and the vehicle would only get damaged, the writ petition is disposed of directing the respondents to forthwith release the subject motor vehicle to the interim custody of the petitioner subject to the condition of the petitioner depositing Rs.10,000/- (Rupees Ten Thousand only) and on filing an undertaking that he would not transfer the vehicle pending enquiry and that he would produce the vehicle as and when the same is required by the respondent authorities in the course of enquiry and investigation. No order as to costs. ______________________ JUSTICE B.PRAKASH RAO _____________________ JUSTICE C.Y. SOMAYAJULU 17th April, 2008. Note:- Communicate operative portion of the Order by wire at party’s costs. BO IBL To 1 The Asst. Secretary, Regional Transport Authority,(Central Zone) Khairtabad, Hyderabad. 2 The Motor Vehicles Inspector, F.C.T.S., R.T.A., Hyderabad(CZ) Tirumalgiri, Secunderabad. 3 Two CD Copies