H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ' PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22281 OF 2024 .'i o:. ^ >l ov! o, ry. Between: M/s. Gautham Automotives, A registered Partnership Firm having its Office at D.No 25-16-116/1B, Chuttugunta Centre, G.T. Road, Guntur- 522 004, Andhra Pradesh Rep by its Partner Dr. Kodela Sivaram Krishna S/o Late Prasad, aged about 41 Guntur District, 522 601 Kodela Siva years R/o 2-15-57, Rajagari Kota, Narasaraopeta, ...PETITIONER AND 1. The State of Andhra Pradesh rep by its Principal Secretary, Transport Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Commissioner of Transport, Government of Vijayawada. 3. The Deputy Transport Commissioner & Secretary, RTA, Guntur. Andhra Pradesh, ...RESPONDENTS Petition under Article 226 of the Constitution of India that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the not considering the representation dated 23.09.2024 petitioner by way of appeal for to take action on the unlawful actions and harassment by Transport Authorities and to refund is filed praying respondents in submitted by the an amount of Rs. 1 Crore paid by the petitioner under the protest is illegal, arbitrary and in violation of yW H- \ principles Natural Justice and i Constitution of India and - in violation Article 14, 19 and 21 consequently direct the respondents forthwith consider the representation dated 23.09,2024 and to refund an amount of Rb.1 crore to the petitioner which was paid by the petitioner under protest. of the to [A NO: 1 OF 2n9d Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed Court may be pleased to direct in support of the petition, the High the respondent to take necessary action on submitted by the petitioner within 4 giving the hearing opportunity. the representation dated 23.09.2024 weeks and pass appropriate orders after ai Counsel for the Petitioner: SRI RAVITEJA PADIRI Counsel for the Respondents: GP FOR TRANSPORT The Court made the following: ORDER I APHC010438112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 22281/2024 [3329] NIMMAGADDA Between: M/s. Gautham Automotives ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.RAVITEJA PADIRI Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: ...RESPONDENT{S) THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.22281 of 2024 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation dated 23.09.2024 submitted by the petitioner by way of appeal to take action on the unlawful actions and harassment by Transport Authorities and to refund an amount of Rs. 1 Crore paid by the petitioner under the protest Is illegal, arbitrary and In violation of principles Natural Justice and in violation Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents forthwith to consider the representation dated 23.09.2024 and to refund an amount of Rs. 1 crore to the petitioner which was paid by the petitioner under protest and pass such other order orders ” or 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that it will be suffice if a direction is given to respondent authorities to consider the representation dated 23.09.2024 submitted by the petitioner requesting for refund of an amount of Rs.1 crore to the petitioner which was paid under protest by the petitioner. / respondents would would be considered reasonable for the Government Pleader appearing submitted by the petitioner in accordance Learned submit that the representation 4. with law, within a respondent authorities in by the time. learned counsel for the _ in view of the of the case, this be disposed dated made by Pleader for the respondents regard to the submissions and learned Government of the case considered view that the authorities to Having 5. petitioner , without touching merits present Writ Petition can consider the representation facts and circumstances Court is of the of, directing the respondent orders, after submitted by the petitioner and pass appropriate 23.09.2024 , within a period of eight an opportunity of hearing to the petitioner date of receipt of a copy providing (08) weeks from the Further, the of this order, directed to communicate the order passed by them to the respondents petitioner within a period of one are (1) week, thereafter. is disposed of. There above said direction, the Writ Petition ,s With the 6. order as to costs. shall be no in the writ pending Petitions, if any Consequently, Miscellaneous petition shall stand closed. Sd/- M SRINIVAS ASSISTANT^E^ -^RAR //TRUE COPY// SECTION OFFICER To, ^"e^raTuTviiiareTullurMand'arGu°nrScl®"^^^ of Transport, Government of Andhra Pradesh, 1. 2. The Commissioner Vijayawada. t 3. The Deputy Transport Commissioner 4. One CC to Sri Raviteja Padiri and Secretary, RTA, Guntur. Advocate [OPUC] 5. Two CCS to GP for Transport, High Court of Andhra Pradesh 6. Three CD Copies [OUT] TF HIGH COURT DATED:02/01/2025 ORDER WP.No.22281 of 2024 i; DISPOSING OF THE W.P., WITHOUT COSTS