APHC010487142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24863 OF 2025 “V ^ o 'T Between: Muneer Travels, Rep. by its Prop Subhani, Aged about 48 Years, Occ Business, O/o. Door No. 0 AM Road, Mokokchung Town, Nagaland Nagaland State. 798601. Shaik Muneer, S/o. Shaik Mahaboob ...Petitioner AND 1. The State Of Andhra Pradesh, rep. by its principal secretary. Transport Roads and Buildings Department A.P. Secretariat Buildings Mandal, Amaravathi, Guntur District 2. The District Transport Officer, Regional Transport Authority, Royachoti, Annamayya District Andhra Pradesh State. 3. The Motor Vehicles Inspector, Royachoti, Annamayya District Andhra Pradesh State Thullur ^ ...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 2nd respondent in insisting to pay the tax and penalty as a condition for release of the vehicle bearing No. NL02B 4356 seized on 10.09.2025 by the 3rd respondent by Challan No. No. AP204264250910072618 demanding tax and penalty of Rs. 4,81,000/- and also compounding fee of Rs. 10,000/- without issuing any check report or enquiry as illegal, arbitrary and contrary to law and consequently direct the r W ■ 2nd respondent to release the vehicle of the petitioner forthwith by accepting ■ the tax as per GOMs No. 285 dated 15.09.1984 and pass. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated •h the affidavit filed in support of the petition, the High Court may be pleased fTiay be pleased to direct the 2nd respondent to release the vehicle of the Petitioner’s vehicle bearing No. NL02B 4356 seized on 10.09.2025 by the 3rd respondent by issuing Challan No. AP204264250910072618 forthwith by accepting the tax as per GOMs No. 285 dated 15.09.1984 pending disposal of the above writ petition. Counsel for the Petitioner: SRI B SIVARAMAKRISHNAIAH Counsel for the Respondents: GP FOR ROADS BUILDINGS The Court made the following Order: ; ir 1 r ‘ APHC010487142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24863/2025 Between: 1.MUNEER TRAVELS. REP BY ITS PROP. SHAIK MUNEER, S/0. SHAIK MAHABOOB SUBHANI, AGED ABOUT 48 YEARS, OCC BUSINESS, 0/0. DOOR NO. 0 AM ROAD, MOKOKCHUNG TOWN. NAGALAND NAGALAND STATE. 798601. ...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, REGIONAL TRANSPORT AUTHORITY. ROYACHOTI. ANNAMAYYA DISTRICT ANDHRA PRADESH STATE. 3.THE MOTOR VEHICLES INSPECTOR, ROYACHOTI, ANNAMAYYA DISTRICT ANDHRA PRADESH STATE ...RESPONDENT(S): Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS The Court made the following: 2 ♦ \ ORAL ORDER: Heard Sri B. Siva Rama Krishnaiah Petitioner and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport. Sri Sk. Abdul Rasheed, learned Assistant Government Transport, has submitted the Written Instructions furnished Transport Officer, Rayachoti. 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 drawn the attention of this Court to G.O.Ms.No.285, T, R & B (Tr-ll), dated 15.09.1984 (Ex.P.5). 4. On facts, learned Counsel for the Writ Petitioner would submit Vehicle bearing No.NL 02B 4356 was seized by the Official Respondents 10.09.2025, while it was passing from Hyderabad to Rayachoti District. learned Counsel for the Writ 2. Pleader for by the District that the on Annamayya 5. Learned Counsel for the Writ Petitioner further submits that the Vehicle in transit through the State of Andhra Pradesh with its destination was at Rayachoti. He would submit that the above Vehicle held an All India Tourist Permit, which was valid from 10.06.2025 up to 09.09.2025 (Ex.P.2). He would further submit that, out of sheer inadvertence, the Petitioner did the permit had expired. As on the date of seizure at 07:21 A M 10.09.2025, the above-mentioned Vehicle did not technically have India Tourist Permit, as it had expired approximately twenty four (24) hours prior to the time of seizure. not notice that on a valid All 6. 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.5). was 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-ll), dated 15.09.1984 (Ex.P.5), and also to pay the compounding fee as stated in the Challan dated 10.09.2025, issued at 07:21 A.M., (Ex.PI). There shall be a further direction that the District Transport Officer (Respondent No.2) shall be obligated to release the Vehicle bearing No. NL 02B 4356 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. 8. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K J RAJA BABU assistANJJ^'^^'STRAR FFICER //TRUE COPY// SECtlO To, 1. The Principal Secretary, Transport Roads and Buildings Department A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The District Transport Officer, Regional Transport Authority, Royachoti, Annamayya District Andhra Pradesh State. 3. The Motor Vehicles Inspector, Royachoti, Annamayya District Andhra Pradesh State 4. One CC to Sri B Sivaramakrishnaiah, Advocate [OPUC] 5. Two CCS to GP for ROADS & BUILDINGS, High Court of Andhra Pradesh [OUT] 6. Two CD Copies VNA f-' 3 HIGH COURT DATED:16/09/2025 ORDER WP NO. 24863 OF 2025 ^o- 16SEP20» a ^ cm«ntsec«0n^7 o x: ALLOWING THE WRIT PETITION WITHOUT COSTS