The vs Unknown
2022 Latest Caselaw 135 AP

                               1



 THE HONOURABLE SRI JUSTICE BATTU DEVANAND

              WRIT PETITION No. 414 of 2022

O R D E R:-

     The petitioner is the owner of a contract carriage

vehicle bearing No.AP27W9152, which was seized by the

respondent     No.3   under    vehicle    check   report   No.

AP027/De2021/052034, dated 23.12.2021, on the ground

that the said vehicle was plying without payment of tax etc.

The vehicle remained under seizure, the petitioner has

approached this Court by way of the present Writ Petition

seeking release of the vehicle on the ground that the

vehicle could not have been seized and there are no

irregularities in payment of tax etc.,.

2. Learned Government Pleader for Transport, submits

that the vehicle was seized on account of irregularities of

non payment of tax and the same could be gone during the

course of inquiry by the respondent No.2.

3. Learned counsel for the petitioner relies on the order

of the learned Single Judge of this Court dated 22.10.2020

in W.P.No.19503 of 2020 to contend that the vehicle has to

be released.

4. In the order dated 22.10.2020 in W.P.No.19503 of

2020, the learned Single Judge had held that the vehicles

which have been seized for non payment of tax etc., should

be released at the earliest in view of the earlier Judgment

of the Division Bench of this Court in Saleem Tours and

Travels v. Joint Transport Commissioner and

Secretary RTA, Hyderabad and another1.

5. Following the said Judgment, the Writ Petition is

disposed of, directing the respondents to release the

contract carriage vehicle bearing No. AP 27 W 9152

forthwith, pending enquiry, seized under the vehicle report,

dated 23.12.2021 of respondent No.3 to the petitioner on

condition of petitioner paying a sum of Rs.70,000/-

(Rupees Seventy Thousand Only) and Compound Fee

Rs.11,000/- ( Rupees Eleven Thousand only) on producing

the demand draft or receipt to that effect. He shall also file

an undertaking to the effect that he shall produce the

vehicle as and when required for enquiry and that he shall

not alienate the same, in the meanwhile.

6) There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this case

shall stand closed.

______________________________ JUSTICE BATTU DEVANAND Date : 07.01.2022 Note: Issue CC by 11-01-2022 B/o eha

2000 (4) ALD 501

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No. 414 of 2022

Date : 07.01.2022

eha