f I 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: 14032 OF 2025 Between: Yolobus Private Limited, Rep. by its Authorized Signatory, T. Kishore Babu, S/o.Joseph, Aged about 39 Years, Occ: Assistant General Manager, O/o. 3rd Floor, Property No. 224, R Puram, Hobli, Bijnapura, Bangalore Urban, Bangalore Karnataka State 560016 ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The District Transport Officer, Thirupathi, Chittor District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Thirupathi, Chittor District, Andhra Pradesh State ...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 be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^^^ respondent in insisting to pay the tax and penalty as a condition for release of the vehicle of the Petitioner's vehicle bearing No. KA01AQ 3783 seized on 16.05.2025 by the 3^'^ respondent by issuing Challan No.AP20423925051620470 2 demanding tax and penalty of Rs. 2,97,000/- and also compounding fee of Rs. 10,000/- without issuing any check report or enquiry as illegal, arbitrary I and contrary to law and consequently direct the 2 the vehicle of the petitioner forthwith. nd respondent to release 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 2"''^ respondent to release the vehicle of the Petitioner's vehicle bearing No. KA01AQ 3783 seized on 16.05.2025 by the 3 respondent by issuing Challan No. AP204239250516204702 forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI B. SIVA RAMA KRISHNAIAH Counsel for the Respondent Nos.1 to 3: GP FOR TRANSPORT The Court made the following: ORDER rd f’ V I >;v IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE APHC010278562025 [0] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14032/2025 Between: Yolobus Private Limited ...PETITIONER AND The State Of Andhra Pradesh and Others...RESPONDENT(S) Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: V ¥ 2 HN, J W.P.No.14032 2025 y ■ THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14032 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 vehicle bearing N0.KAOIAQ 3783 seized 16.05.2025 vide Ex.P.1 vehicle check report, as illegal and on arbitrary. Heard Sri B.Siva Rama Krishnaiah, learned counsel for the 2. petitioner and Sri Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents. Learned counsel for the Petitioner would submit that 3. 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.2,97,000/-. Learned Assistant Government Pleader for Transport would 4. submit that the infringements were noted in Ex.P.1 - vehicle check report. The Division Bench of the composite High Court in Saleem Tours and Travels vs. Joint Transport Commissioner and 5. 1 3 HN, J W.P.TNo.l4032_2025 of the vehicle and the Secretary considered the aspect of seizure the vehicle. Following the consequential direction to release Division Bench judgement, the learned Single Judge of this Court 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 passed an 6. dated 22.02.2025 in W.P.No.4875 of 2025. 7 Since the issue involved in the case at hand is squarely W.P.No.4875 of 2025, terms of W.P.No.4875 of 2025 covered by the order dated 22.02.2025 in this writ petition is disposed of in with the following conditions, i) The respondents shall release the vehicle bearing 16.05.2025 vide Ex.P.1 No.KAOIAQ 3783 seized on vehicle check report to the petitioner on condition of paying 50% of the tax along with the compound fees as on today producing demand draft or receipt acknowledging and on the payment, ii) The petitioner shall submit an undertaking to the effect that the subject vehicle will be produced as and when and that the same would not be required for inquiry alienated pending inquiry. fW*-' I '4. 4 HN, J W.P.No.14032 2025 iii) No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. As a sequel, pending miscellaneous stand closed. petitions, if any, shall Sd/- G.HELA NAIDU assistant registrar //TRUE COPY// SEI ON OFFICER 1. The Principal Secretary, Transport Roads and Buildings Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The District Transport Officer, Thirupathi, Chittor District Pradesh State. 3. The Motor Vehicles Inspector, Thirupathi, Chittor District Pradesh State 4. One CC to Sri B. Siva Rama Krishnaiah, Advocate [OPUC] 5. Two CCs to GP for Transport, High Court of Andhra Pradesh. 6. Two CCs to GP for Prohibition and Excise, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. To, Andhra Andhra [OUT] ssb I I HIGH COURT DATED;29/05/2025 ORDER WP.No.14032 of 2025 SSE'2«. oO' I 3 0 MAY 2025 C3m > »•- VJ^I’ .RATC.VI'&^,>'' DISPOSING OF THE W.P. WITHOUT COSTS