APHC010307422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 15466 OF 2025 Between: Tirumala Cabs, Represented by M. Sunil Kumar, S/o. Devandar Reddy, Aged about 47 Years, Occ; Business Permanent Address; A Sector, Near Halipad Road, Naharlajung PO/PS Papumpare, Arunachal Pradesh 791109. ...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, Regional Transport Authority, Rayachoti Y.S.R. Kadapa District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Rayachoti, Y.S.R. Kadapa District, Andhra Pradesh State. ...Respondent(S): 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 nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. AR02 5737 seized on 12.06.2025 by issuing Challan No. AP230901250612000650 demanding tax and penalty of Rs. 2,16,000/- and also compounding fees of Rs. 10,000/- without conducting any enquiry as illegal, arbitrary and contrary to law and consequently direct t|ie^^'^ respondent to release the vehicle of the ^ ; »A No: 1 OF 2025 petitioner forthwith. .y Petition under Section 151 CPC praying that in the circumstances stated ih tbe affidavit filed in support of the petition, the High Court direct the 2'^'^ respondent to release the vehicle of the Petitioner’s bearing No. AR02 may be pleased to 5737 seized on 12.06.2025 by issuing AP230901250612000650 seized by the 3 Challan No. rd respondent forthwith to the petitioner pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI E.MARUTHI RAJA, REPRESENTING SRI B.SIVA RAMA KRISHNAIAH Counsel for the Respondent Nos.1 to 3: SRI ABDUL RASHEED, FOR TRANSPORT ASST.GP The Court made the following: ORDER m APHC010307422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15466/2025 Between: S/0. CABS, REPRESENTED BY M. SUNIL KUMAR DEVANDAR REDDY, AGED ABOUT 47 YEARS PERMANENT ADDRESS A SECTOR, NEAR HALIPAD ROAD, NAHARLAJUNG PO / PS PAPUMPARE ARUNACHAL PRADESH 1.T1RUMALA OCC- BUSINESS 791109. ...PETITIONER AND OF ANDHRA PRADESH, REP BY ITS PRINCIPAL ROADS 1.THE STATE SECRETARY. DEPARTMENT MANDAL, AMARAVATHl, GUNTUR DISTRICT AND BUILDINGS THULLUR TRANSPORT A.P. SECRETARIAT BUILDINGS .E DISTRICT TRANSPORT OFFICER, REGIONAL TRANSPORT AUTHORITY, RAYACHOTI, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH STATE 2.THE 3.THE MOTOR VEHICLES INSPECTOR, RAYACHOTI, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH STATE ...RESPONDENT(S): 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 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 2nd respondent in insisting to pay the tax and penalty as the condition for Petition 2 release of the vehicle of the Petitioners bearing No. AR02 5737 seized 12.06.2025 by issuing Challan No. AP230901250612000650 demanding tax and penalty of Rs. 2,16,000/- and also compounding fees of Rs. 10,000/- without conducting any enquiry as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the forthwith and pass lA NO: 1 OF 2091^ PeWran 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 may be pleased to direct the 2"'- respondent to release the vehicle of the M 12.06.2025 by issuing Challan No. AP230901250612000650 seized by the S'"'-' respondent forthwith to the petitioner pending disposal of the above writ petition and Counsel for the Petitioner: 1. B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following ORDER: The above writ petition is filed to declare the action of the 2 respondent in insisting the petitioner to condition to release the vehicle bearing No.AR025737 vide Ex.P.I-vehicle check report, as illegal and arbitrary. 2. Heard Sri E.Maruthi Raja, learned counsel for Abdul Rasheed, learned Assistant Government Pleader respondents. 3. Learned counsel for the petitioner would submit that without conducting an inquiry, in pursuance of the seizure of the vehicle, a challan was issued directing the petitioner to and fine. on petitioner pass nd pay the tax and penalty as the seized on 12.06.2025 the petitioner and Sri for Transport for the pay an amount of Rs.2,27,000/-, including penalty € 3 Pleader for Transport would submit that P.1-vehicle check report. 4. Learned Assistant Government the infringements were noted in Saleem Tours and considered the Bench of the composite High Court in and Secretary The Division 5. . Joint Transport Commissioner Travels vs aspect of seizure of the vehicle vehicle. Following this Court passed an of the said order is filed as Ex.P.6. and consequential direction to release the the Division Bench judgment the learned Single Judge of W.P.No.4875 of 2025. Copy order dated 22.02.2025 in would submit that the issue involved in order dated 22.02.2025 in Learned counsel on either side this writ petition is squarely covered by the 6. W.P.No.4875 of 2025. in the case at hand is squarely covered by the of 2025, this Writ Petition is disposed .4875 of 2025 with the following conditions. Since the issue involved in 7. order dated 22.02.2025 in W.P.No.4875 of in terms of W.P.Nos oe^oafvrdl seized on 12.06.ZUZb ^he compound fees as on acknowledging the payment. thSthe same would not be alienated pending inquiry. iii) No order as to costs. Miscellaneous petitions pending, if any^ shall stand closed. Sd/-K. SRINIVASA^ assistant regi^ak 2000(4) ALD 501 //TRUE COPY// To, Principal Secretary, Transport Roads & Buildings Department, Pradesh Secretariat Buildings, Velagapudi, Amaravathi 1. The State of Andhra Guntur District. I ^ I V 2. The Deputy Transport Commissioner, Regional Transport Authority, Visakhapatnam, Visakhapatnam District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. 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. gi HIGH COURT DATED:26/06/2025 ORDER WP.No.15466 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS