IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 19645 of 2008 Between: A.Harikrishna, S/o. A.Reddappa, R/o. Jadcherla, Mahabubnagar District, ..... PETITIONER AND 1 The Secretary, Regional Transport Authority, Mahabubnagar. 2 The Motor Vehicles Inspector, Kalwakurthy, Mahabubnagar 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 to issue a Writ order, direction especially one in the nature of Writ of Mandamus declaring the seizure of the petitioners vehicle bearing No.AP02V 3942 vide vehicle check report No.1121180 dated 29-08-2008 is illegal, arbitrary, and violative of Article 19(1)(g) of the Constitution of India and consequently direct the ﬁrst respondent to release the same and pass Counsel for the Petitioner:MR.POODATTU AMARENDER Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : HON’BLE MRS JUSTICE T.MEENA KUMARI AND HON’BLE MR JUSTICE RAMESH RANGANATHAN W.P.No.19645 of 2008 ORAL ORDER: (per T HE HON’BLE MRS. JUST ICE T .MEENA KUMARI) Seeking a writ of mandamus declaring action of the second respondent in seizing the petitioner’s vehicle bearing Registration AP 02V 3942 vide Vehicle Check Report No. 1121180 dated 29.08.2008, 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 registered owner of the above said vehicle and had been operating the same as a contract carriage bus. According to the learned counsel for the petitioner, the vehicle was seized on 29.8.2008 even though there was no violation of the conditions of permit and more so without there being any tax liability in respect of the said vehicle. 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 driver of the vehicle has violated the conditions of permit and plied the bus with 14 individual passengers by collecting individual fares as stage carriage vehicle and therefore the vehicle has been seized. Having regard to the fact that there is no tax liability in respect of the vehicle seized, 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.AP 28 W 6799, subject to the payment of Rs.10,000/- (Rupees Ten Thousand only) and furnishing an undertaking to the eﬀect that the vehicle in question will not be alienated and no encumbrance will be created and the petitioner shall produce the vehicle as and when required by the respondents. It is made clear that the amount payable 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. ____________________ T.MEENA KUMARI, J. ___________________________ RAMESH RANGANATHAN, J. 10-8-2008 Asp/gs