IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE / PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14033 OF 2025 Between: Penugonda Mahaboob Sadiq Vali, S/o Penugonda Mahaboob Fakruddin aged about 51 years, Occ.Business, R/o D.No. 28-4-628, Drivers Colony, Ananthapur, Ananthapur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport Department, Secretariat, Amaravathi, Guntur District, A.P. 2. The Regional Transport Authority, Ananthapur, Ananthapur District Rep by its Secretary. 3. The Motor Vehicle Inspector, Hindupur, Ananthapur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the 3rd Respondent in may seizing and detaining the petitioners Bus bearing No. AP39TB 3547 by issuing proceedings dt. 14-5-2025, by imposing a sum of Rs. 13,34,600/- towards penalty as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, contrary to the principles of natural justice, without issuing vehicle check report and consequently direct the 2nd Respondent to release the vehicle pending enquiry. 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 Respondent herein to release the petitioner’s vehicle bearing No.AP39tb 3547 pending enquiry, pending disposal of the above writ petition. nd pleased to direct the 2 Counsel for the Petitioner: SRI. B CHANDRA SHEKHAR Counsel for the Respondents: GP FOR TRANSPORT The Court made the following Order: ** 4 APHC010278552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [0] f PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14033/2025 Between; Penugonda Mahaboob Sadiq Vali AND ...PETITIONER The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.B CHANDRA SHEKHAR Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: 2 HN, J W.P.No.14033 2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14033 OF 2025 ORDER: The above writ petition is filed to declare the action of the 2^^ respondent in insisting payment of tax and penalty as a condition to release the bus bearing No.AP39TB 3547 seized on 14.05.2025 vide Ex.P.1 vehicle check report, as illegal and arbitrary. Heard Sri B.Chandrasekhar, learned counsel for the petitioner and Sri Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents. Learned counsel for the Petitioner would submit that without conducting any inquiry, in pursuance of the infringement report. Ex.P.1 was issued to the petitioner to pay a fine amount of Rs.13,34,600/-. Learned Assistant Government Pleader for Transport would submit that the infringements were noted in Ex.P.1 - vehicle 2. 3. 4. check report. The Division Bench of the composite High Court in Saleem Tours and Travels vs. Joint Transport Commissioner and 5. 3 HN, J W.P.No.l4033_2025 Secretary considered the aspect of seizure of the vehicle and the consequential direction to release the vehicle. Following the Division Bench judgement, the learned Single Judge of this Court passed an order dated 22.02.2025 in W.P.No.4875 of 2025. Learned counsel on either side would submit that the issue involved in this writ petition is squarely covered by the order dated 22.02.2025 in W.P.No.4875 of 2025. Since the issue involved in the case at hand is squarely covered by the order dated 22.02.2025 in W.P.No.4875 of 2025, this writ petition is disposed of in terms of W.P.No.4875 of 2025 with the following conditions. The respondents shall release the bus bearing NO.AP39TB 3547 seized on 14.05.2025 vide Ex.P.1 vehicle check report to the petitioner on condition of paying 50% of the tax along with the compound fees as on today and on producing demand draft or receipt acknowledging the payment, ii) The petitioner shall submit an undertaking to the effect that the subject vehicle will be produced as and when required for inquiry and that the same would not be alienated pending inquiry. 6. 7. i) V 4 HN, J W.P.No.l4033_2025 iii) No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. As a sequel, pending miscellaneous petitions, if any, shall Sd/-SHAIK MOHD RAF! ASSISTANT REGISTRAR stand closed. //TRUE COPY// FICER S^TIQ To, 1. The Principal Secretary, Transport Department, Secretariat, Amaravathi, Guntur District, A.P. 2. The Secretary Regional Transport Authority, Ananthapur, Ananthapur District. 3. The Motor Vehicle Inspector, Hindupur, Ananthapur District. 4. One CC to SRI. B CHANDRA SHEKHAR Advocate [OPUC] 5. Two CCs to GP for TRANSPORT ,High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies vna HIGH COURT DATED:29/05/2025 ORDER WP.No.14033 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS