y / V IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATi (Special Original Jurisdiction) THURSDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 14255 OF 2025 Between: Ismail Shareef, S/o. Abdul Wahab, Aged about 49 Years, Occ Business, R/o. MG Road, Sadar, Ziro Saddar, Lower Subansiri Arunachal Pradesh -791120. ...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 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 2nd respondent in insisting to pay the tax and penalty as a condition for release of the vehicle of the Petitioners vehicle bearing No. AR06B 5657 seized on 30.05.2025 by the 3rd respondent by issuing Challan No. AP25021925053010270 4 may / / demanding tax and penalty of Rs, 2,81,000/- 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 2nd respondent to release the vehicle of the petitioner forthwith. iA 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 2nd respondent to release the vehicle of the Petitioners vehicle bearing No. AR06B 5657 seized on 30.05.2025 by the 3rd respondent by issuing Challan No. AP250219250530102704 forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner(s): SRI. B SIVARAMAKRISHNAIAH Counsel for the Respondent NoS.1 to 3: GP FOR TRANSPORT The Court made the following: ORDER APHC010282352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14255 OF 2025 Between: ...PETITIONER Ismail Shareef AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S) 1.GP FOR TRANSPORT The Court made the following: ORDER:- Heard Sri B.Siva Rama Krishnaiah, learned counsel for the petitioner and learned Government Pleader for Transport. The instant Writ Petition is filed questioning the action of the 2'^'^ respondent in insisting to pay the tax and penalty to release the vehicle bearing No. AR 06 B 5657 seized on 30.05.2025as illegal and arbitrary. Learned counsel for the petitioner would submit that without conducting any inquiry or issuing check report, the subject vehicle was seized by the 3'^'^ respondent and kept the same at RTC Bus Depot, Tirupati. It is 2. 3. 2 ‘=f argued that without issuing check report, issued the challan. He thus submits respondent is in violation of the provisions of A.P. Motor Vehicles Taxation Act and the Government Orders issued from time to rd that the action of the 3 time. Learned counsel for the petitioner relies on a decision of this 4. Court in W.P.No. 14032 of 2025, dated 29.05.2025 and prays to pass similar order in the instant Writ Petition also. Having regard to the submissions made, the Writ Petition is disposed of with the following directions; i) The respondents shall release the vehicle bearing No. AR 06 B 5657 seized on 30.05.2025 vide 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 would not be alienated pending inquiry. There shall be no order as to 5. same costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. 6. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, principal secretary. Transport Roads and Buildings Departmient Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The District Transport Officer, Thirupathi, Chittor District, Andhra Pradesh State. Motor Vehicles Inspector, Thirupathi, Chittor District, Andhra Sri. B Sivaramakrishnaiah, Advocate [OPUC] GP For Transport .High Court Of Andhra Pradesh. [OUT] 1. The A.P. 3. The Pradesh State 4. One CC to 5. Two CCs to 6. THREE CD Copies AL HIGH COURT CC DATED;12/06/2025 VACATION COURT ORDER WP.No.14255 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS