/ a APHC010307352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE 'S TWO THOUSAND AND TWENTY FIVE > PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 15469 OF A* Or Between: Tirumala Cabs, Represented by M. Sunil Kumar, ‘ about 47 Years, Occ; Business Permanent Address; S/o. Devandar Reddy, Aged 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 Visakhapatnam District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Anakapalli, Visakhapatnam Andhra Pradesh State. Anakapalli District, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue a writ the High Court may be or order or direction more particularly one in the nature of W7?/r 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. AR02 5664 seized on 05.06.2025 by issuing demanding tax and penalty of of Rs. 10,000/- without conducting Challan No. AP204054250605064026 Rs. 5,89,000/- and also compounding fees J any enquiry as illegal, arbitrary and contrary to law and the 2"'' respondent to release the vehicle of the lA No: 1 OF 2n2fi i 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. AR02 5664 seized on 05.06.2025 by issuing Challan No. AP2040 54250 605064026 seized by the respondent forthwith to the 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 The Court made the following: ORDER consequently direct petitioner forthwith. petitioner pending ASST.GP APHC010307352025 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: 15469/2025 Between: 1.TIRUMALA CABS, REPRESENTED BY M. SUNIL KUMAR S/0. DEVANDAR REDDY, AGED ABOUT 47 YEARS, OCC BUSINESS PERMANENTADDRESS A SECTOR, NAHARLAJUNG PO / PS PAPUMPARE ARUNACHAL PRADESH 791109. NEAR HALIPAD ROAD, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL TRANSPORT ROADS AND BUILDINGS A.P. SECRETARIAT BUILDINGS, THULLUR SECRETARY. DEPARTMENT MANDAL, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT TRANSPORT OFFICER, REGIONAL TRANSPORT AUTHORITY, ANAKAPALLI, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH STATE 3.THE MOTOR VEHICLES INSPECTOR, ANAKAPALLI VISAKHAPATNAM 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 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 release of the vehicle of the Petitioners bearing No. AR02 5664 seized on 05.06.2025 by issuing n SQ nnnr°' *^2°''°^"'250605064026 demanding tax and penalty of Rs 5,89,000/- 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 petitioner forthwith and pass lA NO: 1 OF 2()9Fi Petition under Section 151 CPC . ,, Pi'^ying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the 2nd respondent to release the vehicle of the Petitioner’s bearing No. AR02 5664 seized on 05.06.2025 by issuing Challan No. AP2040 54250 605064026 seized by the 3rd respondent forthwith pending disposal of the above writ petition and to the petitioner 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 condition to release the vehicle bearing No.AR025664 seized vide Ex.P.I-vehicle check report, as illegal and arbitrary. Heard Sri E.Maruthi Raja, learned counsel for the Abdul Rasheed, learned Assistant Government Pleader respondents. nd as the on 05.06.2025 2. petitioner and Sri for Transport for the 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 pay an amount of Rs.6,00,200/- including penalty and other fines. Learned Assistant Government Pleader for Transport would submit that the infringements were noted in Ex.P.I-vehicle check report. 4. 3 The Division Bench of the connposite 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. 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. 6. 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. 7. i) The respondents shall release the vehicle bearing No.AR025664 seized on 05.06.2025 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 inquin/ 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 REGI AR //TRUE COPY// ON OFFICER S To, 1. The Principal Secretary, Transport Roads & Buildings Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. f 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.15469 of 2025 ^ 0 4 JUL 2025 : €: <3.\ Co >QyrrintSectjgiix<!^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS