Smt. Maddipatla Bhanumati, v. The State of Andhra Pradesh,
WP/13686/2025 · 2025-06-19
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19040 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19040 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
/ APHC010263132025 IN THE HIGH COURT OF ANDHRA PRADESH^
“ AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13686 OF 2025 Between: Smt. Maddipatia Bhanumati,, W/o.Sri. GVN Murali Krishna 64Years, Occ Retd, Govt Teacher, Flat No.201(FI),Block No.2,Siva Towers, Near Sai Ragehavendra Nursery, Tadepalli,Guntur District-522501. Cell No.9441832052 Aged About ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
3. The Transport Commissioner, Govt., of Andhra Pradesh, Arival Block, P.N.B.S, Vijayawada-520013.
4. The Regional Transport Officer, Govt., of Andhra Pradesh, D.No.69-31- 3,Near Central Jail Road, Rajamahendravaram-533103.
5. The Deputy Transport Commissioner, Govt., of Andhra Pradesh, Ramanayyapet, Main Road, Kakinada-533001. ...RESPONDENTS-- Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may
\ ^ pleased to issue a Writ, Order or Direction one in the nature of Writ of Mandamus to declare the action of the Respondent No. 5 The Deputy .^ansporT Commissioner, Kakinada, Kakinada District in non refunding of Rs.7O,340i4-(Seventy Thousand Three Hundred Fourty only) towards refund of life tax for Vehicle (Motor Car) of the Petitioner bearing Registered Number AP 05 CX 4272, though it was sanctioned by the Respondent No.4 with vide of the proceedings R.No. 1867/B2/2019 Dt.09.05.2019 is illegal, arbitrary, unconstitutional and in violation of the Principles of consequently
directed the Respondent natural justice and No.5 to refund the Rs.70.340/- (Seventy Thousand in Three Hundred Fourty only) to the Petitioner together with interest at the rate of 18% per annum from the date of issuing proceedings by the Respondent No.4 in R.No.1867/B2/2019 Dt.09.05.2019, in the interest of justice. lA NO: 1 OF 2025^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 The Deputy Transport Commissioner, Kakinada, Kakinada District to pay the admitted amount of Rs.70,340/-(Seventy Thousand Three Hundred Fourty only) to the Petitioner together with interest at the rate of 18% per annum from the date of issuing proceedings by the Respondent No.4 in R.No.1867/B2/2019 Dt.09.05.2019 with concerned to the Petitioner’s refunded life tax of her vehicle bearing number AP05CX4272, pending disposal of the Writ Petition in the interest of justice. ^ Counsel for the Petitioner: SRI PHANI TEJA CHERUVU ^ Counsel for the Respondent Nos.1, 3 to 5: GP FOR TRANSPORT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following: ORDER
/ APHG010263132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13686/2025 Between; ...PETITIONER Smt. Maddipatia Bhanumati, AND The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.PHANITEJA CHERUVU Counsel for the Respondent{S):
1.GP FOR TRANSPORT 2.GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Sri Phani Teja Cheruvu, learned counsel for the petitioner, Sri Rasheed, learned Assistant Government Pleader for Roads & Buildings for respondents 3 to 5, and Smt K.Siva Jyothi, learned Assistant Government Pleader for Finance for the 2'^'^ respondent. The petitioner purchased a car bearing registration No. AP 05 OX 4272 and paid road (life) tax of ?83,740/-. After using the vehicle for two years in the State of Andhra Pradesh, the petitioner relocated the vehicle to the State of Maharashtra and obtained a No Objection Certificate (NOC) on 15 November 2016 from the Regional Transport Officer, Rajamahendravaram. Upon ...RESPONDENT(S)
2. 2 receiving the necessary permission from the competent authority in Maharashtra, the vehicle was re-registered and assigned a new registration number, MH 03 CM 4963. 3.
On 19.02.2018, the petitioner applied for a refund of life tax for the non use period since the vehicle was outside the State of Andhra Pradesh. The Regional Transport Officer, Rajamahendravaram, issued sanction proceedings vide Rc.No.1867/B2/2019, dated 09.05.2019, approving a refund of life tax amounting to f70,340/-. 4. Despite the sanction proceedings dated 09.05.2019, the refund amount was not disbursed to the petitioner. Hence, the petitioner filed the present writ petition. Learned Assistant Government Pleader, on instructions, while not disputing the petitioner's entitlement to the amount of ?70,340/- contend that the Regional Transport Officer, Kakinada, issued a revised sanction proceedings on 15.11.2023 to facilitate the processing of the claim. After resolving certain technical issues, the CFMS refund bill will be prepared and submitted. Learned counsel would also submit that the petitioner will be paid the amount of ?70,340/- within four (4) weeks. Since there is no dispute regarding the petitioner’s entitlement to a refund of life tax amounting to f 70,340/-, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondents 2 to 5 to ensure payment of the said amount within four (4) weeks from the date of receipt of a copy of this order. There shall be no
order as to costs.
5. would
6. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SBCflON OFFICER To of Andhra Pradesh, Rep. by its Principal Secretary, Transport Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
1. The State
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2. The State of Andhra Pradesh, Rep. by its Prinpipal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
3. The Transport Commissioner, Govt., of Andhra Pradesh, Arival Block, P.N.B.S, Vijayawada-520013.
4. The Regional Transport Officer, Govt., of Andhra Pradesh, D.No.69-31- 3,Near Central Jail Road, Rajamahendravaram-533103.
5. The Deputy Transport Commissioner, Govt., of Andhra Pradesh, Ramanayyapet, Main Road, Kakinada-533001.
6. One CC to Sri Phani Teja Cheruvu, Advocate [OPUC]
7. Two CC’s to GP for Transport, High Court of A.P. at Amaravati[OUT]
8. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]
9. Three CD Copies. ssb
HIGH COURT DATED:20/06/2025
ORDER WP No.13686 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS