APHC010314032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15796 OF 2025 Between: 1. RAJULAPATI VEERA RAGHAVULU, S/o. Ramarao, aged about 58 years, D.No. 2-145/5, Sulthanagaram, Gollapalem, Krishna District- 521001. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Transport and Roads and Building, A.P. Secretariat Buildings, Velagapudi, Amaravati. 2. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Rajamundhry, East Godavari District, Andhra Pradesh. 3. The Motor Vehicles Inspector, Rajamundhry, East Godavari District. ...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 2nd respondent demanding to pay the tax and penalty of Rs.5,99,000/- as a condition to release the seized vide Challan AP281164250601185735 dated 01.06.2025 as illegal, arbitrary and contrary to settled principles of law and consequently to direct the 2nd respondent vehicle bearing AR01T2266 no. no. to release the vehicle bearing no.AR01T2266 by setting aside the challan AP281164250601185735 dated 01.06.2025. IA NO: 1 OF 2n?fi 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 bearing no. AR01T2266 seized by issuing challan no. AP281164250601185735 dated 01.06.2025. Counsel for the Petitioner: M/S BOPPUDI ALEKHYA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following order: no. i APHC010314032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15796/2025 Between: 1.RAJULAPATI VEERA RAGHAVULU, S/0. RAMARAO, AGED D.NO. 2-145/5, SULTHANAGARAM ABOUT 58 YEARS, GOLLAPALEM, KRISHNA DISTRICT-521001. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AND BUILDING VELAGAPUDI, AMARAVATI. DEPUTY TRANSPORT SECRETARY, REGIONAL RAJAMUNDHRY, PRADESH. 3.THE MOTOR VEHICLES INSPECTOR, RAJAMUNDHRY GODAVARI DISTRICT. DEPARTMENT OF TRANSPORT AND ROADS A.P. SECRETARIAT BUILDINGS, 2.THE COMMISSIONER AND TRANSPORT AUTHORITY, EAST GODAVARI DISTRICT, ANDHRA EAST ...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 particularly one in the nature of Writ of Mandamus declaring the action of more the 2nd respondent demanding to pay the tax and penalty of Rs.5,99,000/- as a condition to release the vehicle bearing no. AR01T2266 seized vide Challan no. AP281164250601185735 dated 01.06.2025 as illegal, arbitrary and contrary to settled principles of law and consequently to direct the 2nd respondent to release the vehicle bearing no.AR01T2266 by setting aside the challan no. AP281164250601185735 dated 01.06.2025 and pass 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 pleased to direct the 2nd respondent to release the vehicle bearing no. AR01T2266 seized by issuing challan no. AP281164250601185735 dated 01.06.2025 and pass Counsel for the Petitioner: 1.BOPPUDIALEKHYA Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: ORDER nd The above writ petition is filed to declare the action of the 2 respondent in insisting the petitioner to pay the tax and penalty of Rs.5,99,000/- as a condition to release the vehicle bearing No.AROIT 2266 seized vide 01.06.2025, as illegal and arbitrary. Challan No.AP281164250601185735 dated Heard Ms.Boppudi Alekhya, learned counsel for the petitioner and Sri Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents. 2. / r 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.5,99,000/- including penalty and other fines. 3. Learned Assistant Government Pleader for Transport would submit that the infringements were noted in Ex.P1-Challan. 4. 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. 1 \ t 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. The respondents shall release the vehicle bearing Challan NO.AP281164250601185735 dated 01.06.2025 to the petitioner on condition of paying 50% of the tax along i) seized vide NO.AR01T 2266 1 2000 (4) ALD501 with the compound fees as on today and on producing demand draft or receipt acknowledging the payment. 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. No order as to costs. ii) iii) As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SR1^4[VAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER Sc To, 1. The Principal Secretary, Department of Transport and Roads and Building, State of Andhra Pradesh, A.P. Secretariat Buildings, Velagapudi, Amaravati. 2. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Rajamundhry, East Godavari District, Andhra Pradesh. 3. The Motor Vehicles Inspector, Rajamundhry, East Godavari District. 4. One CC to M/s Boppudi Alekhya Advocate [OPUC] 5. Two CCs to GP for Transport, High Court of Andhra Pradesh [OUT] 6. Three CD Copies GSC HIGH COURT DATED:01/07/2025 ORDER WP 15796/2025 0 5 JUL 2025 € DISPOSING THE WP WITHOUT COSTS