^ *• APHC010502432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BMS MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25773 OF 2025 Between: Yolobus Private Limited, Rep by its Authorized Signatory, Sunil M R, S/o Raghunath MB, Aged about 32 Years, Occ Manager, O/o. 3 No. 224, R Puramhobli, Old Madras Road, Vijnapura Bangalore. rd Floor, Property ...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, Chittoor, Chittoor District. Andhra Pradesh State. 3. The Motor Vehicles Inspector, Chittoor, Chittoor 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 2 nd respondent in insisting to pay the tax and penalty KA01AQ 6839 seized on 21.08.2025 by the 3^^" respondent by issuing Challan as a condition for release of the vehicle bearing No. 4 No. AP203709250821095348 demanding tax and penalty of Rs.3,93,000/- without issuing any check report law and or enquiry as illegal, arbitrary and contrary to consequently direct the 2^^ respondent to release the vehicle potitioner forthwith by accepting the of the tax as per GOMs No. 285 dated 15.09.1984 1AN0M 0F2^5 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the 2"^^ respondent to release the praying that in the circumstances stated to vehicle of the Petitioner’s vehicle on 21.08.2025 by the 3^'^ respondent by issuing Challan No, AP203709250821095348 forthwith by accepting the tax pending disposal of the above writ bearing No. KA01AQ 6839 seized per GOMs No. 285 dated 15.09.1984 petition as Counsel for the Petitioner: SRI B Counsel for the Respondents No.1 The Court made the following order; SIVARAMAKRISHNAIAH to 3: GP FOR TRANSPORT t - APHC010502432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a!¥i0 [3328] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25773/2025 Between: 1.YOLOBUS PRIVATE LIMITED., REP BY ITS AUTHORIZED SIGNATORY. SUNIL M R, S/0. RAGHUNATH MB , AGED ABOUT 32 YEARS. OCC MANAGER, 0/0. 3RD FLOOR, PROPERTY NO. 224, R PURAMHOBLI, OLD MADRAS ROAD, VIJNAPURA BANGALORE. ...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, CHITTOR. CHITTOR DISTRICT. ANDHRA PRADESH STATE. 3.THE MOTOR VEHICLES INSPECTOR, CHITTOR, CHITTOR 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 Government Pleader for Transport 2. Sri Sk. Abdul Rasheed, learned Assistant. Government Pleader for Transport, has submitted the Written Instructions furnished Transport Commissioner, Chittoor. dated 20,09,2025. 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 has drawn the attention of this Court to G.C.Ms.No.285, T, R & B (Tr-ll), dated 15.09.1984 (Ex,P.3). Cn facts, learned Counsel for the Writ Petitioner would submit Vehicle bearing No.KAOIAC 6839 seized by the Cfficial Respondents 21.08.2025, while it was passing from Tirupathi to Bangalore. 5. Learned Counsel for the Writ Petitioner further submits that the Vehicle in transit through the State of Andhra Pradesh with its destination Bangalore, 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,2). He would further submit that, out of sheer inadvertence, the Petitioner did not notice the permit had expired. As on the date of seizure at 09;50 A.M., 21.08.2025, the above-mentioned Vehicle did not technically have a valid All India Tourist Permit, as it had expired approximately ten (10) hours prior to the time of seizure. Cn 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 by the Deputy Petitioner, 4. that the on was at that , on 6 was 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). 7 Having regard to the same, this Court is of the opinion that it v\/ould 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 21.08.2025, issued at 09:50 A.M., (Ex.P.1). There shall be a further direction that the Deputy Transport Commissioner, Chittoor (Respondent No.2) shall be obligated to release the Vehicle bearing No.KAOIAQ 6839 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. Sd/- B PRASADA RAO assistant REi iSTRAR //TRUE COPY// SECTION OFFICER To, l.-The Principal Secretary, State of Andhra Pradesh, TransportRoads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The Deputy Transport Commissioner and Secretary Regional Transport Authority, Chittoor, Chittioor District. Andhra Pradesh State. 3. The Motor Vehicles Inspector, Chittor, Chittor District, Andhra Pradesh State. 4. One CC to SRI B SIVARAMAKRISHNAIAH Advocate [OPUC] 5. Two CCs to GP FOR TRANSPORT High Court of Andhra Pradesh [OUT] 6. Two CD Copies gsg HIGH COURT DATED: 22/09/2025 ORDER WP NO. 25773 OF 2025 ^ llStP ^0® I ALLOWING THE WP WITHOUT COSTS