APHC010307182025 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: 15410 OF 2025 Between: Tirumala Cabs, Represented by M. Sunil Kumar, S/o. Devandar Reddy, Aged about 47 Years, Occ: Business, R/o. Jail Road, Kohima Nagaland State 797001. ...PETITIONER AND The State of Andhra Pradesh, rep by its Principal Secretary, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandai, Amaravathi, Guntur District. The Deputy Transport Commissioner, Regional Transport Authority, Visakhapatnam, Visakhapatnam District, Andhra Pradesh State. The Motor Vehicles Inspector, Visakhapatnam, Visakhapatnam 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 the condition for release of the vehicle of the Petitioners bearing No.NLOlB 2907 seized on 22.05.2025 by issuing Challan No. AP238826250522063955 demanding tax and penalty of Rs. 2,73,000/- and also compoundingfees of Rs. 10,000/- without conducting 1 any enquiry as illegal, arbitrary and contrary to law and consequently direct 2"d I'espondent to release the vehicle of the petitioner forthwith. lA No: 1 t)F 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 bearing No. NL01B 2907 seized on 22.05.2025 by issuing Challan No. AP2 3882 6250522063955 seized by the 3'"^ 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, ASST.GP FOR TRANSPORT The Court made the following: ORDER APHC010307182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] •J Li THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15410/2025 Between: 1.T1RUMALA CABS, REPRESENTED BY M. SUNIL KUMAR DEVANDAR REDDY, AGED ABOUT 47 YEARS, OCC BUSINESS R/0. JAIL ROAD, KOHIMA NAGALAND STATE 797001. S/0. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY. TRANSPORT ROADS AND BUILDINGS DEPARTMENT SECRETARIAT BUILDINGS, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT 2.THE DEPUTY TRANSPORT COMMISSIONER, REGIONAL TRANSPORT AUTHORITY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH STATE. 3.THE MOTOR VEHICLES INSPECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH STATE A.P. ...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 topleased 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 release of the vehicle of the Petitioners bearing No. NL01B 2907 seized on 22.05.2025 by issuing Challan No. AP238826250522063955 demanding tax and penalty of Rs. ' t 73 000/- and a so compounding fees of Rs. 10,000/- without conducting any nquiry as illegal, arbitrary and contrary to law and consequently direct the 2ND respondent to release the vehicle of the petitioner forthwith and pass lA NO: 1 OF 7(\9Fi in the'^amav-rffn circumstances stated Lasef H r '^e petition, the High Court may be pleased pleased to direct the 2ND respondent to release the vehicle of the rfri? 22.05.2025 by issuing to th^n nr' a' 6250522063955 seized by the 3 respondent forthwith to the petitioner pending disposal of the above writ petition and pass 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 pay the tax and penalty as the condition to release the vehicle bearing No.NL01B2907 seized on 22.05.2025 vide Ex.P.I-vehicle check report, as illegal and arbitrary. 2. Heard Sri E.Maruthi Raja, learned counsel Abdul Rasheed, learned Assistant Government respondents. nd for the petitioner and Sri Pleader for Transport for the 3. Learned counsel for the petitioner would submit that without conducting . a challan was issued pay an amount of Rs.2,83,000/- including the fine an inquiry, in pursuance of the seizure of the vehicle, directing the petitioner to amount of Rs. 10,000/-. 4. Learned Assistant Government Pleader for Transport the infringements were noted in Ex.P.I-vehicle check report. would submit that »■ L . % 3 The Division Bench of the composite High Court in Saleem Tours and Travels vs. Joint Transport Commissioner and Secretary^ considered the aspect of seizure of the vehicle and consequential direction to release the vehicle. Following the Division Bench judgment, the learned Single Judge of this Court passed an order dated 22.02.2025 in W.P.No.4875 of 2025. Copy of the said order is filed as Ex.P.6. 5. V 6. 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. 7. 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.Nos.4875 of 2025 with the following conditions. i) The respondents shall release the vehicle bearing No.NL01B2907 seized on 22.05.2025 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, iii) No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. T2000(4) ALD 501 Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Transport Roads & Buildings Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 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.15410 of 2025 ^011^ 2025 I ^jM^jjfrentSectiojiX'w '■'^ggjAisiss^ «o DISPOSING OF THE WRIT PETITION WITHOUT COSTS