S. B. SINHA, C. J.

( 1 ) IN these Writ Petitions, the vires of rule 448-B of Andhra Pradesh Motor vehicles Rules, 1989 (hereinafter referred to as the State Rules ) framed in exercise of the powers conferred under Sections 28,38, 95, 96,107, 111, 138 and 176 of the Motor vehicles Act, 1988 (Central Act 59 of 1988) (hereinafter referred to as the said Act ) is called in question. An incidental question as regards the correctness or otherwise of a decision of this Court in M. Venkateswara rao vs. Secretary, R. T. A. also arises for consideration.

( 2 ) WHILE admitting the Writ Petitions, it was observed that the findings of the learned Single Judge in Venkateswara Rao s case to the effect that a Writ of Mandamus would not lie directing the release of the vehicles nor the seizure itself can be declared as illegal as well as the finding that the aggrieved persons have to necessarily file application for release of the vehicle seized and detained by the competent authority, if they so desire, may be considered afresh in the light of the decision of the Apex Court in State of Maharashtra vs. Nanded-Parbhani Z. I. B. M. vs. Operators sangh.

( 3 ) THE Motor Vehicles Act, 1988 was enacted

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