IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO: 23863 2010 Between: Pradeep Parivahan Private Limited, Rep. by its Authorized Signatory, Afaque Khan. - - - PETITIONER AND The Government of Andhra Pradesh, Rep. by its Prl. Secretary (Transport Department), Secretariat, Hyderabad, and three others. - - - RESPONDENTS This Court made the following : HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.23863 OF 2010 O R D E R: Heard Sri G.L. Nageswara Rao, learned counsel for the writ petitioner and the learned Government Pleader for Transport for Respondents 1 to 3. The writ petitioner alleges that he has purchased an old loader, which is a condemned one, for a sum of Rs.4,00,000/- and paid the Value Added Tax (VAT) of Rs.16,000/- thereon at 4% and obtained the necessary invoice from the seller at Vijayawada and he is transporting the same to Visakhapatnam from Vijayawada for the purpose of uitlising it as a scrap. It is submitted that the old loader has already been condemned, it is not plying on road, but it is being carried and transported atop a trailor. The Respondents have intercepted and checked the vehicle on 10-09-2010 at Tetagunta check post. It is noted that the said loader is moving on a trialor bearing Registration No. KA 08/4969. Since, no tax payment receipt is shown and that he has also not shown the Registration Certificate of the said loader, hence, the said loader has been seized in terms of Section 207 of the Motor Vehicles Act, 1988. Let enquiry be conducted and carried on, but however, let the loader be released on payment of Rs.10,000/- (Rupees ten thousand only) by the writ petitioner. The writ petitioner shall also give an undertaking to the Respondent that he will not either sell or alienate or create third party interest or dismantle the old loader and that he will not be plying it on the roads either at Visakhapatnam or anywhere else, till such time the enquiry is completed, and produce the same before the authority is concerned whenever so ordered. With this, the Writ Petition stands disposed of. No costs. __________________________ NOOTY RAMAMOHANA RAO, J. September 30, 2010. Note: Issue C.C. today. B/o.Dsh.