1 APHC010454972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 23135/2025 Between: 1. LINGALA JANARDHAN KUMAR, S/O LAXMINARAYANA, AGED 33 YEARS, R/O D.NO.21-8-18/6-2, HOUSING BOARD COLONY, SADLAPALLI, HINDUPUR, SRI SATYASAI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DEPUTY TRANSPORT COMMISSIONER, NELLORE DISTRICT. 3. THE MOTOR VEHICLE INSPECTOR, O/O DTC, NELLORE, NELLORE DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. B CHANDRA SHEKHAR Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following: 2 ORAL ORDER: Heard Sri D. Subba Rao, learned Counsel appearing on behalf of Sri B. Chandra Sekhar, learned Counsel for the Writ Petitioner and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport. 2. Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport, has submitted the Written Instructions furnished by the District Transport Commissioner (FAC), SPSR Nellore District, dated 03.09.2025. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record. 3. Sri B. Siva Rama Krishnaiah, learned Counsel for the Writ Petitioner, has placed reliance on G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984. 4. On facts, learned Counsel for the Writ Petitioner would submit that the Vehicle bearing No.NL 01B 2241 was seized by the Official Respondents on 21.08.2025, while it was passing from Hindupur to Nellore. 5. Learned Counsel for the Writ Petitioner further submits that the Vehicle was in transit through the State of Andhra Pradesh with its destination at Nellore. He would submit that the above Vehicle held an All India Tourist Permit, which was valid from 21.05.2025 up to 20.08.2025 (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 06:48 A.M., on 21.08.2025, the above-mentioned Vehicle did not technically have a valid All India Tourist Permit, as it had expired approximately twenty-four (24) hours prior to the time of seizure. 6. 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-II), dated 15.09.1984. 3 7. 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-II), dated 15.09.1984, and also to pay the compounding fee as stated in the Challan dated 21.08.2025, issued at 06:48 A.M., (Ex.P.1). There shall be a further direction that the Deputy Transport Commissioner, Nellore District (Respondent No.2) shall be obligated to release the Vehicle bearing No.NL 01B 2241 forthwith upon compliance with the directions of this Court. 8. Accordingly, the present Writ Petition is allowed in terms of the above directions. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:23.09.2025 Note: Issue C.C by 25.09.2025, B/o Vns