HON'BLE SRI JUSTICE K.SARATH

ORDER:

Heard Sri B. Siva Rama Krishnaiah, learned counsel for the petitioner and the learned Assistant Government Pleader for Transport, appearing for the respondent Nos.1 to 3.

2. Declaring the action of the respondent No.2 in seizing and detaining the petitioner’s vehicle bearing No.AR 01 U 3786 seized under vehicle check report No.414341 dated 25-10-2025 and also CFX Notice issued along with check report by the respondent No.3, as illegal and arbitrary, the present Writ Petition is filed.

3. Learned counsel for the petitioner submits that if the respondent authorities release the subject vehicle, the petitioner is ready to produce the said vehicle before the respondent No.2 and rectify the defects identified by the respondent No.3 as per his check report dated 25-10-2025. He further submits that, without releasing the subject vehicle, the petitioner is unable to carry out necessary rectifications or obtain the fitness certificate from the competent authorities. Therefore, it is prayed that a direction be issued to the respondent authorities to release the subject vehicle to enable the petitioner to rectify the defects noted in the check report, and the petitioner undertakes to produce the vehicle before the competent authority for the fitness test thereafter.

4. On the other hand, the learned Assistant Government Pleader for Transport appearing for the respondent Nos.1 to 3 submits that the respondent authorities will release the vehicle, if the undertaking is given by the petitioner for rectifying the defects identified in the check report.

5. In view of the submissions made by the learned for both sides, the Writ Petition is disposed of directing the respondent No.2 to release the vehicle bearing No.AR 01 U 3786 to carry out the necessary rectifications as pointed out in the vehicle’s check report subject to the petitioner gives undertaking to the respondent No.2. Further, after rectifying the defects, the petitioner shall produce the vehicle for fitness test as directed by the respondent No.2 and only thereafter shall the petitioner operate the vehicle. In the event of any violation, the respondent authorities shall be at liberty to take appropriate action against the petitioner in accordance with law.

There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE K. SARATH Date: 27-11-2025 Note:-

Issue C.C. tomorrow.

B/o.

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