APHC010487122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER |0 TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24887 OF 2025 /O' i M St#; M 3 / • Between: Yolobus Private Limited, Rep by its Authorized Signatory, T. Kishore Babu, S/o.Joseph, Aged about 39 Years, Occ Assistant General Manager, O/o. Jail Road Kohima Sadar, Nagaland, Kohima 797001. ...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 Deputy Transport Commissioner and Secretary, Regional Transport Authority, Rajahmundry , East Godavari Andhra Pradesh State. 3. The Motor Vehicles Inspector, Rajahmundry, East Godavari 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 2nd respondent in insisting to pay the tax and penalty as a condition for release of the vehicle bearing No. NL01B 3265 seized on 23.08.2025 by the 3rd respondent by issuing Challan No. AP204210250823110358 demanding tax and penalty of Rs. 2,89,000/- and also compounding fee of R§. "10,000/- without issuing any check report or enquiry as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith by accepting the tax as per GOMs 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 2nd respondent to release the vehicle of the Petitioner’s vehicle bearing No. NL01B 3265 seized on 23.08.2025 by the 3rd respondent by issuing Challan No. AP204210250823110358 forthwith by accepting the tax 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 TRANSPORT The Court made the following Order: as 1 APHC010487122025 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: 24887/2025 Between: 1.YOLOBUS PRIVATE LIMITED SIGNATORY T. KISHORE BABU, S/O.JOSEPH, AGED ABOUT 39 YEARS, OCC ASSISTANT GENERAL MANAGER, 0/0. JAIL ROAD KOHIMASADAR, NAGALAND, KOHIMA 797001. REP BY ITS AUTHORIZED ] I ...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 I 2.THE DEPUTY TRANSPORT COMMISSIONER AND SECRETARY, REGIONAL TRANSPORT AUTHORITY, RAJAHMUNDRY , EAST GODAVARI ANDHRA PRADESH STATE. 3.THE MOTOR VEHICLES INSPECTOR, RAJAHMUNDRY, EAST GODAVARI DISTRICT ANDHRA PRADESH STATE ...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. Siva Rama Krishnaiah, learned Counsel for the Writ Petitioner and Sri Sk. Abdul Rasheed. learned Assistant for Transport. Sri Sk. Abdul Rasheed, learned Assistant Transport, has submitted the Written Transport Officer, Rajamahendravara 15.09.2025. 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 has drawn the attention of this Court 15.09.1984 (Ex.P.3). 4. On facts, learned Counsel for the Writ Petitioner Vehicle bearing No.NL 01B 3265 23.08.2025, while it Diwancheruvu, Andhra Pradesh. Government Pleader 2. Government Pleader for Instructions furnished by the District East Godavari District dated m for the Writ Petitioner, to G.O.Ms.No.285, T, R & B (Tr-ll), dated would submit that the was seized by the Official Respondents on was passing from Hyderabad to Rajahmundry, at 5. Learned Counsel for the Writ Petitioner further was in transit through the State of Andhra Pradesh Rajahmundry. He would submit that the above Vehicle submits that the Vehicle with its destination at held an All India Tourist Permit, which was valid from 22.05.2025 i further submit that, out of sheer inadvertence the permit had expired. As up to 21.08.2025 (Ex.P.2). He would the Petitioner did not notice that on the date of seizure at 11:03 A.M., not technically have a valid All as it had expired approximately forty-eight (48) hours on 23.08.2025, the above-mentioned Vehicle did India Tourist Permit prior to the time of seizure. 3 % 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.3). 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.3), and also to pay the compounding fee as stated in the Challan dated 23.08.2025, issued at 11:03 A.M., (Ex.PI). There shall be a further direction that the District Transport Commissioner and Secretary (Respondent No.2) shall be obligated to release the Vehicle bearing No.NL 01B 3265 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. 6. was 7. 8. 9. Interlocutory Applications, if any, stand closed in terms of this order, d/ K J RAJA BABU ASS%T f^TRAR S^CTJOW^FFICER //TRUE COPY// To. 1. The Principal Secretary, Transport Roads and Buildings Department A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District Commissioner and Secretary, Regional Rajahmundry , East Godavari Andhra Pradesh ■'X 2. The Deputy Transport Transport Authority State. 3. The Motor Vehicles Inspector, Rajahmundry, East Godavari District Andhra Pradesh State 4. One CC to SRI. B SIVARAMAKRISHNAIAH, Advocate [OPUC] 5. Two CCs to [OUT] 6. Two CD Copies GP for TRANSPORT, High Court of Andhra Pradesh VNA HIGH COURT DATED:16/09/2025 ORDER WP NO. 24887 OF 2025 of O o Hg 16 SEP 2025 Current Secuon m 1 .•I*-’*'''-' ALLOWING THE WRIT PETITION WITHOUT COSTS