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 WRIT PETITION NO: 14030 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 The State of Andhra Pradesh, rep by its Principal Secretary, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District The Deputy Transport Commissioner and Secretary, Regional Transport Authority, NTR District at Vijayawada ,Andhra Pradesh State. The Motor Vehicles Inspector, Vijayawada, NTR District Andhra Pradesh State. 1. 2. 3. ...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 6840 seized on 21.05.2025 by the 3'"^ respondent by issuing Challan No.AP23336525052121481 1 demanding tax and penalty of Rs. 3,93,000/- and also compounding fee of Rs. 10,000/- without issuing any check report or enquiry as illegal, arbitrary and contrary to law and consequently direct the 2"^^ respondent to release the vehicle of the petitioner forthwith. 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 6840 seized on 21.05.2025 by the 3 respondent by issuing Challan No. AP233365250521214811 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 APHC010278542025 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] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14030/2025 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 TRANSPORT The Court made the following; 0‘ 2 HN, J W.P.No. 14030 2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14030 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 6840 seized on 21.05.2025 vide Ex.P.1 vehicle check report, as illegal and 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.3,93,000/-. 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 5. Tours and Travels vs. Joint Transport Commissioner and \ 3 HN, J W.P.No.l4030_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, i) The respondents shall release the vehicle bearing NO.KA01AQ 6840 seized on 21.05.2025 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 6. 7. 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. / 4 HN, J W.P.No.14030 2025 iii) No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// /-it' SECTION OFFICER To, The Principal Secretary, Transport Roads and Buildings Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District The Deputy Transport Commissioner and Secretary, Regional Transport Authority, NTR District at Vijayawada ,Andhra Pradesh State. 3. The Motor Vehicles Inspector, Vijayawada, NTR District Andhra 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. [OUT] 6. Three CD Copies. 1. 2. ssb HIGH COURT DATED:29/05/2025 ORDER WP.No.14030 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS