K S 'I' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT^s^I^^ (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 366 OF 2025 Between: Jagan Travels, Represented by Managing Partner, Chinde Naveen Ramanaiah, Aged 32 years, Occ Business, R/o. Kondayapalem Post, Dharmavaram Village, Varikuntapadu Mandal, SPSR Nellore District. Temporary Address Golaghat Road, Dimapur, Nagaland State. , S/o. ...PETITIONER AND 1. The State Of Andhra Pradesh, Represented by its Principal Secretary Transport, Roads and Buildings Department Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 2. The District Transport Officer, Palnadu District, Narasaraopet. 3. The Motor Vehicles Inspector, O/o. DTO, Narasaraopet, Palnadu District. 4. Station House Officer, Piduguralla Police Station, Piduguralla, Palnadu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated be pleased to issue praying that in in the affidavit filed therewith, the High Court may 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 Petitioner's bearing Number NL07B0953 seized under vehicle Challan No. AP204169241015003059, Dated 15-10-2024 and Challan No. AP204167241223000101, Dated 23-12-2024 as illegal, arbitrary and contrary to law and consequently direct the 2ND Respondent to release the vehicle of the petitioner forthwith. 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 to direct the 2"^^ Respondent to release the vehicle of the Petitioner's bearing Number NL07B0953 seized under vehicle Challan No. AP204169241015003059, AP204167241223000101 Dated 23-12-2024 seized by the 3rd Respondent forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petltioner(s): SRI. RAMBABU KOPPINEEDI Dated 15-10-2024 and Challan No. Counsel for the Respondent Nos.1 to 3: GP FOR ROADS BUILDINGS Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER APHC010006262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 4N [3329] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 366/2025 Between: ...PETITIONER Jagan Travels AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.RAMBABU KOPPINEEDI Counsel for the Respondent{S): 1.GP FOR ROADS BUILDINGS 2.GPFOR HOME The Court made the following: ORDER: 'Jik '“Ol 1. Heard learned counsel for the petitioners and the learned Government Pleader for Transport and perused the material available on record. 2. It is the case that, the Assistant Motor Vehicle Inspector, Narasaraopet had stopped and checked the vehicle contract carriage bus bearing registration No.NL 07 B0953 and found certain irregularities viz., (1) documents not produced and (2) other state AIT plying without tax. Since All Indian Tourist Contract Carriages of other state covered by authorizations to ply in Andhra Pradesh, the Motor Vehicles Tax shall be collected in advance at the border check posts at the time of first entry into A.P. State. Challans were made out in respect of same contract carriage bus during the Quarter Ending 31.12.2024. Since it was proved that the vehicle as put to use in the State of Andhra Pradesh on different occasions in the same quarter, the 2""^ respondent/District Transport Officer, Palnadu District, vide Letter R.No.7/A1*2025 dated 09.01.2025 imposed tax and penalty of Rs.5,54,000/- on the petitioner. Hence the writ petition. 3. Learned counsel for the petitioner would submit that, since the vehicle seized is movable property, if the same is kept under custody without using, the vehicle will suffer technical damages and requested to release the vehicle. 4. On the other hand, learned Government Pleader for Transport while supporting the proceedings issued by the 2'^'^ respondent, requested to pass appropriate orders. Having heard the respective counsel and upon perusal of the material available on record, Contract Carriage Bus bearing Registration No.NL 07 B 0953 is seized by the 2"^^ respondent on the ground that certain documents were not produced and the vehicle being other state vehicle, is plying without tax. 5. It is true that, if the vehicle is kept under the custody of the respondents without using the same, the vehicle will not only be subjected to sun and rain, but also suffers technical damages. Hence, the petitioner shall pay an amount of Rs.4,00,000/- (Rupees Four Lakhs Only) towards tax and penalty to the respondent under proper acknowledgment and upon receipt of the same, the 2"^ Respondent shall release the vehicle bearing No.NL07B0953 in favour of the petitioner immediately. 6. 7. With the above direction, writ petition is disposed of. There shall be order as to costs. no 8. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SE6TroNrOFFICER To. 1. The Principal Secretary Transport, Roads and Buildings Department Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 2. The District Transport Officer, Palnadu District, Narasaraopet. 3. The Motor Vehicles Inspector, O/o. DTO, Narasaraopet, Palnadu District. ^ District Officer, Piduguralla Police Station, Piduguralla, Palnadu 5. One CC to Sri. Rambabu Koppineedi, Advocate [OPUC] [OUT?^^ Roads Buildings ,High Court Of Andhra Pradesh. 7. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT]. 8. Three CD Copies AT. HIGH COURT CC DATED:10/01/2025 ORDER WP.No.366 of 2025 ,f 2 0JAN2Cn 09 o . Current Section DISPOSING OF THE WP WITHOUT COSTS