APHC010502402025 IN THE HIGH COURT OF ANDHRA PRADESH/7^ AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25772 OF 2025 Between; Kaveri Tours And Travels, Rep. by its Managing Partner, Sri S. Madhu, S/o. Ananda Rao, Aged about 39Years,Occ Business, Temporary Address Jail Road, Kohima, Kohima, Nagaland State 797001. Permanent Dibbala Road, 4-347, Ongole Prakasham District Andhra Pradesh ...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, Kakinada, Kakinada District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Kakinada, Kakinada District, Andhra Pradesh State. ...Respondents Petition under Article 226 of the Constitution of India is filed 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 respondent in nd nature of Writ of Mandamus declaring the action of the 2 insisting to pay the tax and penalty as a condition for release of the vehicle bearing No. NL01B 2312 seized on 12.09.2025 by the 3 issuing Challan No. AP250290250912195916 demanding tax and penalty of Rs. 4,45,000/- and also compounding fee without conducting any enquiry as rd respondent by / f * \ Hlegal, arbitrary and contrary to law and consequently direct the 2 «• " /espondent to release the vehicle of the petitioner forthwith by acceptingthe tax as per GOMs No. 285 dated 15.09.1984. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"'^ respondent to release the vehicle of the Petitioner’s vehicle bearing No. NL01B 2312 seized on 12.09.2025 by the 3'"' respondent by issuing Challan No. AP250290250912195916 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 TRANSPORT The Court made the following Order: nd / APHC010502402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] f Hh- A MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25772/2025 Between: 1.KAVERI TOURS AND TRAVELS, REP BY ITS MANAGING PARTNER, SRI S. MADHU, S/0. ANANDA RAO, AGED ABOUT 39YEARS,OCC BUSINESS, KOHIMA, NAGALAND STATE 797001. ROAD, 4-347, ONGOLE PRADESH TEMPORARY ADDRESS JAIL ROAD, KOHIMA, PERMANENT DIBBALA PRAKASHAM DISTRICT ANDHRA ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY. TRANSPORT ROADS AND BUILDINGS DEPARTMENT THULLUR A.P. SECRETARIAT BUILDINGS, AMARAVATHI,GUNTUR DISTRICT MANDAL 2.THE DEPUTY TRANSPORT COMMISSIONER, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH STATE. 3.THE MOTOR VEHICLES INSPECTOR, KAKINADA, KAKINADA 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. Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport, has submitted the Written instructions furnished by the Deputy Transport Commissioner, Kakinada. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record. 2. Sri B. Siva Rama Krishnaiah, learned Counsel for the Writ Petitioner, has dra\A/n 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.NLOlB 2312 was seized by the Official Respondents on 12.09.2025, while it was coming from Kakinada to Hyderabad District. 4. Learned Counsel for the Writ Petitioner further submits that the Vehicle was in transit through the State of Andhra Pradesh with its destination at Hyderabad. He would submit that the above Vehicle held an All India Tourist Permit, which was valid from 09.06.2025 up to 08.09.2025 (Ex.P.2). 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 19:59 hours, on 12.09.2025, the above-mentioned Vehicle did not technically have a valid All India Tourist Permit, as it had expired approximately seventy two (72) hours prior to the time of seizure. 5. 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 I \ 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). 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.6), and also to pay the compounding fee as stated in the Challan dated 12.09.2025, issued at 19:59 hours (Ex.P.1). There shall be a further direction that the Deputy Transport Commissioner, Kakinada (Respondent No.2) shall be obligated to release the Vehicle bearing No.NLOlB 2312 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. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER .To, 1. The. Principal Secretary, Transport Roads and Buildings Department A.P. Secretariat Buildings, Thullur Mandal, Amaravathi,Guntur District 2. The Deputy Transport Commissioner, Kakinada, Kakinada District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Kakinada, Kakinada 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 vna HIGH COURT DATED:22/09/2025 ORDER WP NO. 25772 OF 2025 ^ 2 2 SEP 2025 ^ rT*ntSecti«i}x>^ Hi ALLOWING THE WRIT PETITION WITHOUT COSTS