IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO & THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.5593 of 2008 Between: 1 V.Chandra Babu S/o.V.Uttanna R/o.Rayachoty Kadapa Dist 2 The Deputy Transport Commissioner and Secretary Regional Trasnport Authority Kadapa ..... PETITIONERS AND 1 The Deputy Transport Commissioner and Secretary Regional Transport Authority Kadapa 2 The Motor Vechicle Inspector Rayachoty Kadapa Dist .....RESPONDENTS 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 an appropriate writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in seising the petitioners tractor and trailor bearing registration Nos.KA 40/T 311 respectively under check Report No.1567686 dt.12-2-2008 is illegal and arbitrary and consequently direct the respodents herein to release the tractor and Trailor bearing registration Nos.KA 40/T 310 and KA 40/T 311 respectively seized under Check Report No.156786 dt.12-2-2008 in favour of the petitioners and pass Counsel for the Petitioner: MR.S.ARIFULLAH Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following: Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE B.PRAKASH RAO & THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.5593 of 2008 ORDER: (per Hon’ble Sri Justice B,Prakash Rao) Heard both the counsel and at their request, the writ petition itself is taken up for disposal at the admission stage. It appears that the petitioner’s vehicle has been seized for violating the conditions of permit and for some other alleged offences. The learned Govt.Pleader for Transport, on instructions, submitted that the petitioner fell arrears of tax of Rs.22,160/- and further penalty of Rs.44,320/-, and therefore, no orders be passed in favour of petitioner. Having heard the learned counsel on either side, in the interests of justice, We dispose of this Writ Petition at this stage directing release of vehicle subject to payment of tax due plus half of the penalty amount, totalling Rs.44,320/- (Rupees forty four thousand three hundred and twenty only) by the petitioner, without prejudice to his rights in the enquiry and further subject to filing an undertaking to the effect that he shall not alienate or in any way encumber the vehicle. The Writ Petition is accordingly disposed of. No order as to costs. ____________________ B.PRAKASH RAO,J ___________________ C.Y.SOMAYAJULU.J Dated: 14.03.2008 Dsr Note: Issue order by wire at party’s costs B/o Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Transport Commissioner and Secretary Regional Transport Authority Kadapa 2 The Motor Vechicle Inspector Rayachoty Kadapa Dist 3.2CCs to 4.2CD copies