IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16014 of 2008 Between: K.Ram Reddy, S/o. late K.Bhagawandlu, AP T 3531, R/o. Ponnar village, Mandal Tansi, Adilabad District. ..... PETITIONER AND 1 The Deputy Transport Commissioner, and Secretary, Adilabad. 2 The Assistant Motor Vehicle Inspector, Integrated Check Post, Bhoraj, Adilabad. .....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 an order or direction more particularly one in the nature of writ of mandamus declaring the seizzzure and continuing detention of the petitioner's Tractor and Trailor bearing No.AP 1 T 3530 AND 3531 under the vehicle check report No.3114147 dated 11.02.2007 issued by the respondent No.2 and not passing any orders by the respondents No.1 in pursuance of the appeal filed on 23.06.2008 for release of the said Tractor and Trailor as illegal, arbitrary, null and void and consequently direct the respondents to release the petitioners Vehicle Tractor and trailor bearing No.AP 1 T 3530 AND 3531 immediately pending enquiry before the resondents and to pass Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.16014 OF 2008 ORAL ORDER: The petitioner states that his father was the owner of the Tractor and Trailer bearing No.AP-1T-3530 and 3531 and after his demise, the petitioner is managing and operating the said Tractor and Trailer; and that while the said Tractor with Trailer was proceeding from Adilabad to Ponur on 11.02.2007, the second respondent herein, namely, the Assistant Motor Vehicle Inspector, Integrated Check Post, Bhoraj, Adilabad, has seized the said Tractor and Trailer under Motor Vehicle check report dated 11.02.2007 on the premise that when asked for verification, no documents were produced pertaining to the vehicle, as to proof of payment of tax, driving licence of the driver, PUC and number plate and that the said vehicle is kept at Adilabad Rural Police Station for safe custody. It is his case that he made a representation on 11.02.2007 to the first respondent, namely, the Deputy Transport Commissioner and Secretary, Adilabad, requesting him to release the vehicle in question to his custody without imposing any conditions as it gets damaged on its non-user but no action was taken thereon. Therefore, the petitioner has submitted an appeal/application on 23.06.2008 reiterating his request for release of the vehicle in question but even on the said appeal/application no orders had been passed so far. Hence he filed the present writ petition. When the matter is taken up for admission today, the learned Government Pleader for Transport, on instructions, submitted that when the second respondent herein checked the vehicle in question, he found the following irregularities: “1) Without payment of tax 2) Without documents 3) Without Driving licence 4) Without PUC and without number plate.” He further submitted that the owner of the vehicle in question is liable to pay tax with penalty and compounding fee to the tune of Rs.42,920/- and 7,425/- respectively as on 31.03.2007 and that the vehicle in question is in safe custody at Rampur Police Station of Adilabad District. Considering the averments made in the affidavit filed in support of the writ petition as well as the submissions made by the learned Government Pleader for Transport, it is obvious that the owner of the vehicle is due to pay tax arrears and failed to produce the documents pertaining to the vehicle in question at the time when it was seized by the second respondent herein. In the circumstances, the petitioner is directed to approach the first respondent, namely, the Deputy Transport Commissioner and Secretary, Adilabad and pay the entire tax arrears which are due and produce the relevant documents in respect of the vehicle in question and on payment of such tax arrears and production of the documents, the first respondent herein is directed to release the vehicle to the custody of the petitioner. Accordingly, the writ petition is disposed of at the stage of admission. No costs. ______________ N.V.RAMANA, J. Date: 24.07.2008 VGSR