P. VENKATARAMA REDDI, J.

( 1 ) THE petitioners who are transport operators and whose vehicles were seized by the checking Officers for non production of certain documents and for alleged contraventions of law in purported exercise of power under Section 8 of APMV Taxation Act and Section 207 of Motor Vehicles Act have filed these writ petitions questioning the vires of Rule 448-B of AP MV Rules and for a consequential order to direct the respondents to release the vehicles forthwith. This Court at the stage of admission of the writ petitions granted interim directions to release the vehicles subject to the condition of payment of Rs. 5,000. 00 or Rs. 3,500. 00 and furnishing an undertaking not to alienate the vehicle. On compliance with those conditions, the petitioners got release of the vehicles. Thus, no further relief need be granted to the petitioners. However, as the validity of Rule 448-B has been assailed and that question ought to be resolved at the earliest in the interest of all concerned, we have heard the arguments on the question of validity of rule.

( 2 ) THE impugned Rule 448-B introduced by G. O. 123, Transport II D/- 4-6-1999 reads as follows :"448-B Release of seized and detained vehicles :- (1) An application for release of a vehicle seized and detained under sub-section (1) of Section 207 shall be in the form of a memorandum in duplicate with relevant documents duly enclosing a fee of rupees twenty five. (2) The Secretary, Regional Transport Authority, of the Region shall entertain application for release of vehicles seized and detained by his subordinate Officers :provided that application shall be made to the Deputy Transport Commissioner in the case of check made by the Secretary, Regional Transport Authority in the cadre of Regional Transport Officer and the Transport Commissioner, if the Secretary, Regional Transport Authority is of the cadre of Deputy Transport Commissioner or Joint Transport Commissioner".

( 3 ) IT is not out of place to quote the preceding Rule 448-A :"r. 448-A. Procedure of seizing and detaining a Motor Vehicle :- When a motor vehicle is seized and detained by any Officer referred to Rule 448, he shall take the following steps :- (i) arrangements shall be made for temporary safe custody of the motor vehicle in the nearest Police Station or at any appropriate place; (ii) the fact of seizure and detention shall be informed without delay to the Secretary, Regional Transport Authority of the Region and the Secretary, Regional Transport Authority of the Region to which the motor vehicle belongs; (iii) the Officer who seized and detained the motor vehicle may release the vehicle of the offence for which it is seized and detained are compounded under Section 200 under intimation to the Secretaries of Retional Transport Authorities mentioned in clause (ii); (iv) where prosecution of the driver or owner or both is necessary, charge sheets against them shall be filed before the concerned Magistrate within three days from the date of seizure and the motor vehicle shall be released by the Officer who detained it after the prosecution is completed under intimation to Secretaries of Regional Transport Authorities mentioned in clause (ii ). (v) Mahazor of the vehicles is to be carried out notifying its condition, specifying the number and condition of each tyre fitted and parts which are easily removable, replaceable and tamperable (viz. Batteries, Fuel Pump, Dynamo, (Deferential Engine) and extra lights etc.) and loose parts, stephney tyres and tools and a copy of it is to be delivered to the person from whom it is seized, duly signed".

( 4 ) BOTH the rules owe their origin to Section 207 of the M. V. Act, 1988.

( 5 ) AT the outset, we may mention that a Division Bench of this Court to which one of us (PVR J.) was a party decided a batch of writ petitions in which the orders of the Transport authorities requiring the petitioners to pay the estimated tax as a pre-condition for the release of t

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