APHC010388762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19749 OF 2025 Between: Sharukh Hussain, S/o. Wahed Hussain, Aged about 37 Years, Occ Business Permanent Address Sunshine Travels, Temporary Address Jail Road, Kohima, Nagaland State 797001. Madiwala, Bangalore, 560068 ...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, Hindupur, Satya Sai District, Andhra Pradesh State 3. The Assistant Motor Vehicles Inspector, Hindupur, Satya Sai District Andhra Pradesh State. ...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 petitioner's Vehicle bearing Number NL01B 1349 seized on 26.07.2025 by issuing Challan No. AP204106250726065551 demanding tax and penalty of Rs. 2,17,000/- and also compounding fees of Rs. 10,000/- without conducting any enquiry as illegal, arbitrary and contrary to law and consequently direct the 2"^^ respondent to release the vehicle of the petitioner forthwith by accepting the tax as per G.O.Ms.No. 285, dated 15.09.1984. 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 Vehicle bearing Number NL01B 1349 seized on 26.07.2025 by issuing Challan No. AP204106250726065551 seized by the 3'^'^ respondent forthwith by accepting the tax as per G.O.Ms.No. 285, dated 15.09.1984 to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: B SIVARAMAKRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following order: APHC010388762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY. THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19749/2025 Between; 1.SHARUKH HUSSAIN, , S/0. WANED HUSSAIN, AGED ABOUT 37 PERMANENT ADDRESS SUNSHINE BANGALORE, YEARS, OCC BUSINESS TRAVELS, ADDRESS JAIL ROAD, KOHIMA, NAGALAND STATE 797001. 560068TEMPORARY MADIWALA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TRANSPORT ROADS AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT BUILDINGS, THULLURMANDAL, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT TRANSPORT OFFICER, HINDUPUR, SATYA SAI DISTRICT, ANDHRA PRADESH STATE 3.THE ASSISTANT MOTOR VEHICLES INSPECTOR. HINDUPUR, SATYA SAI DISTRICT, ANDHRA PRADESH STATE ...RESPONDENT(S): Counsel for the Petitioner: 1. B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT 2 The Court made the following: ORAL ORDER: Heard Sri B. Sivaramakrishnaiah, learned Counsel for the Writ Petitioner and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport. Sri B. Sivaramakrishnaiah, learned Counsel for the Writ Petitioner, has drawn the attention of this Court to G.O.Ms.No.285, T, R & B (Tr-ll), dated 15.09.1984 (Ex.P.6). On facts, learned Counsel for the Writ Petitioner would submit that the Vehicle bearing No.NLOlB 1349 was seized by the Official Respondents 26.07.2025, while it was passing from Hyderabad to Coimbatore, at Kodikonda Check Post, Ananthapuramu. Learned Counsel for the Writ Petitioner further submits that the Vehicle was in transit through the State of Andhra Pradesh with its destination at Coimbatore. He would submit that the above Vehicle held an All India Tourist Permit, which was valid from 25.04.2025 up to 25.07.2025 (Ex.P.4). He would further submit that, out of sheer inadvertence, the petitioner did not notice that the permit had expired. As on the date of seizure at 6:40 a.m. on 26.07.2025, the above-mentioned Vehicle did not have a valid All India Tourist Permit, as it had expired approximately thirty hours prior to the time of seizure. On the face of it, it appears to the Court that the alleged violation was not deliberate but occurred due to inadvertence. It is also the opinion of this Court that the present case is covered by G.O.Ms.No.285, T, R & B (Tr-ll), dated 15.09.1984 (Ex.P.6). Having regard to the same, this Court is of the opinion that it would be appropriate to dispose of this Writ Petition with a direction to the Writ Petitioner to comply with G.O.Ms.No.285, T, R & B (Tr-ll), dated 15.09.1984 (Ex.P.6), and also to pay the compounding fee as stated in the Challan dated 26.07.2025, issued at 6:40 a.m. (Ex.P.1). There shall be a further direction 2. 3. on 4. 5. 6. r 3 that the District Transport Officer (Respondent No.2) shall be obligated to release the Vehicle bearing N0.NLOIB 1349 forthwith upon compliance with the directions of this Court. 7. Accordingly, the present Writ Petition is allowed in terms of the above directions. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- SHAiK MOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// FFICER S To, 1. The Principal Secretary, Transport Roads and Buildings Department, State of Andhra Pradesh, rep by its A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District. 2. The District Transport Officer, Hindupur, Satya Sai District, Andhra Pradesh State. 3. The Assistant Motor Vehicles Inspector, Hindupur, Satya Sai District, Andhfa .Pradesh State. 4. One CC to Sri B.Sivaramakrishnaiah, Advocate [OPUC] 5. Two CCs to GP for Transport, High Court of Andhra Pradesh [OUT] 6. Two CD Copies RAM HIGH COURT DATED:30/07/2025 ORDER WP NO. 19749 OF 2025 ALLOWING THE WP WITHOUT COSTS