APHC010441202025 IN THE HIGH COURT OF ANDHRA PRApESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22473 OF 2025 1 .-TS Between: Valluru Years, Occ Business, Kuppam, Puducherry Pin -605007 Nagendra Kumar Reddy, S/o. Rama Linga Reddy, Aged about 38 R/o. No. 113, Swaminatha Naicker Street, Ariyan ...Petitioner AND Andhra Pradesh, rep by its principal secretary. Transport 1. The State of Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The District Transport State 3. The Assistant Motor Pradesh State Officer, Thirupathi, Chittor District, Andhra Pradesh Vehicles Inspector, Thirupathi, Chittor District Andhra X ...Respondents 226 of the Constitution of India praying that in the Petition under Article 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 in insisting to pay the tax and penalty as the condition for release of the vehicle of the petitioners Vehicle bearing Number PY05S 5679 seized on 13.08.2025 by issuing challan No. AP250219250813100455 demanding tax and penalty of % Rs. 3,53,000/- and also compounding fees of Rs. 600/- without conducting illegal, arbitrary and contrary to law and consequently direct respondent to release the vehicle of the petitioner forthwith by accepting the tax as per GOMs No. 285, dated 15.09.1984. any enquiry as the 2nd lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent to release the vehicle of the petitioner’s Vehicle bearing Number PY05S 5679 seized on 13.08.2025 by issuing Challan No. AP250219250813100455 seized by the 3rd respondent forthwith by accepting the tax as per GOMs No. 285, dated 15.09.1984 to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI B SIVA RAMA KRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following order: 1 APHC010441202025 k IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22473/2025 Between: 1 VALLURU NAGENDRA KUMAR REDDY, S/0. RAMA LINGA REDDY NO. 113, AGED ABOUT 38 YEARS, OCC BUSINESS R/O. SWAMINATHA NAICKER STREET, ARIYAN KUPPAM, PUDUCHERRY PIN -605007. ...PETITIONER AND STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT ROADS AND SECRETARIAT BUILDINGS, GUNTUR DISTRICT DISTRICT TRANSPORT OFFICER, THIRUPATHI, CHITTOR DISTRICT, ANDHRA PRADESH STATE 3.THE ASSISTANT MOTOR VEHICLES INSPECTOR, THIRUPATHI, CHITTOR DISTRICT ANDHRA PRADESH STATE 1.THE BUILDINGS DEPARTMENT, A.P. THULLURMANDAL, AMARAVATHI, 2.THE ...RESPONDENT{S); Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT 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). 3. On facts, learned Counsel for the Writ Petitioner would submit that the Vehicle bearing No.PYOSS 5679 was seized by the Official Respondents 13.08.2025, while it was passing from Hyderabad to Tirupati, at Tirupati Bus Depot. 2. on 4. Learned Counsel for the Writ Petitioner further submits that the Vehicle in transit through the State of Andhra Pradesh with its destination Tirupati. He would submit that the above Vehicle held an All India Tourist was at Permit, which was valid from 12.05.2025 up to 11.08.2025 (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 10:04 A.M., 13.08.2025, the above-mentioned Vehicle did not technically have a valid All India Tourist Permit, as it had expired approximately fifty hours prior to the time of seizure. on 5. On the face of it, it appears to the Court that the alleged violation 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). 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 13.08.2025, issued at 10:04 A.M., (Ex.P.1). There shall be a further direction was 3 «■ that the District Transport Officer (Respondent No.2) shall be obligated to release the Vehicle bearing No.PYOSS 5679 forthwith upon compliance with the directions of this Court. Accordingly, the present Writ Petition is allowed in terms of the above directions. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. 8. Sd/- KJ.RAJA BABU assistant registrar //TRUE COPY// N OFFICER S To, State of Andhra Pradesh, Transport Roads and Thullur Mandal, 1. The principal secretary Buildings Department, A.P. Amaravathi, Guntur District District Transport Officer, Thirupathi, Chittor District, Andhra Pradesh Secretariat Buildings, 2. The State 3. The Assistant Pradesh State 4. One CC to 5. Two CCs to 6. Two CD Copies Motor Vehicles Inspector, Thirupathi, Chittor District Andhra SRI. B SIVARAMAKRISHNAIAH, Advocate [OPUC] GP FOR TRANSPORT, High Court of Andhra Pradesh [OUT] NM HIGH COURT DATED:28/08/2025 ORDER WP NO. 22473 OF 2025 S 2 8 AUG 2025 Current Section . ' ALLOWING THE WP WITHOUT COSTS