s is M 1 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30261 OF 2024 Between: Purupu Appalaraju, S/o.Nagaraju, aged about 68 years, R/o. 22-15-1/1. RH Colony, Pedagantyada, Gajuwaka, Visakhaptnam, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Transport, Roads and Buildings, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Deputy Transport Commissioner, DTO, Near JKC College Road, Swama Bharathi Nagar, Guntur, 522006. 3. The Regional Transport Officer, DTO, Near JKC College Road, Swama Bharathi Nagar, Guntur, 522006. 4. The Motor Vehicles Inspector, O/o. Motor Vehicle Inspector, Near Layola Public School, Nambur Panchayat, Mangalagiri, Guntur District. ...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 an order, writ or directions, more particularly one in the nature of Writ of Mandamus by declaring that the action of the respondents issuing proceedings vide R.No.445/A1/2024 dated 16.12.2024 ■ demanding to pay a total amount of Rs.2,15,440/- by including SOpercent of Penalty arrears for release of the seized vehicle bearing registration no.AP31TA0614 pursuant to the directions given by this Hon'ble Court in its order dated 28.11.2024 in W.P.No.27700 of 2024 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the seized vehicle bearing registration no.AP31TA0614 by setting aside the proceedings vide R.NO.445/A1/2024 dated 16.12.2024 demanding a total amount of Rs.2,15,440/- by including 50percent of Penalty in to pay arrears. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances may be vehicle bearing no. AP31TA0614 as per the directions passed by this Hon’ble Court in its order dated 28.11.2024 in W.P.No.27700 of 2024. Counsel for the Petitioner: M/s BOPPUDI ALEKHYA Counsel for the Respondents: GP FOR TRANSPORT The Court made the following order: stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to release the APHC010579612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30261/2024 Between: Purupu Appalaraju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.BOPPUDI ALEKHYA Counsel for the Respondent{S): 1.GP FOR TRANSPORT The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.30261 of 2024 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an order, writ or directions more particularly one In the nature of Writ of Mandamus by declaring that the action of the respondents in issuing proceedings vide R.No.445/A1/2024, dated 16.12.2024 demanding to pay a total amount of Rs. 2,15,440/- by including 50% of Penalty arrears for release of the seized vehicle bearing registration No.AP 31 TA 0614 pursuant to the directions given by this Hon’ble Court in its order dated 28.11.2024 in W.P.No.27700 of 2024 as Illegal, arbitrary and unconstitutional and consequently direct the respondents to release the seized vehicle bearing registration No.AP 31 TA 0614 by setting aside the proceedings vide R.No.445/A172024, dated 16.12.2024 demanding to pay a total amount of Rs. 2,15,440/- by including 50% of Penalty arrears and pass such other order or orders ” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein already filed a writ petition seeking for release of seized vehicle bearing No.AP 31 TA 0614 vide W.P.No.27700 of 2024, wherein, this Court pleased to pass an order dated 28.11.2024. The operative portion of the said order reads as follows: was ‘Accordingly, the writ petition is disposed of with the following v^' directions: The Respondents shall release the vehicle bearing NO.AP31TA0614 seized pursuant to Vehicle Check Report No.AP007/Aug2024/039417, dated 27.08.2024 to the petitioner on condition of paying 50% of the tax along with compound fees as on today and on producing demand draft or receipt acknowledging the payment. (i) (ii) The Petitioner shall submit an undertaking to the effect that the subject vehicle will be produced as and when required for enquiry and that the same would not be alienated pending enquiry.” On perusal of the said order, this Court specifically and categorically 4. directed the respondent authorities to release the subject vehicle upon payment of 50% of tax as well as compounding fee leaving the penalty apart. Learned counsel for the petitioner further submits that even though the petitioner is ready to pay 50% of the tax as well as compounding fee as directed by this Court, but for one reason or the other, the respondents did not release the vehicle of the petitioner. On the other hand, the respondent authorities issued impugned proceedings dated 16.12.2024 contrary to the order of this Court, which amounts to an interference and deviation of terms as directed by this Court. He further submits that it is a fit case to initiate contempt proceedings against the 2^^ respondent herein for issuance of proceedings dated 16.12.2024 which are contrary to the orders of this Court. On the other hand, learned Government Pleader for the respondents 5. not refuted the contentions made by the learned counsel for the petitioner and reasonably submitted that the 2'^'^ respondent misunderstood the orders of this Court and interpreted in his own way and came to conclusion that 50% of the tax and compounding fee also includes penalty, which is contrary to the orders of this Court and fairly submits that the impugned order dated 16.12.2024 passed by the 2'^^ respondent is liable to be set aside. Having regard to the submissions made by the learned counsel for the 6. petitioner and learned Government Pleader for the respondents, it is observed that this Court specifically directed the 2^^ respondent to release the vehicle of the petitioner on a condition that the petitioner shall deposit 50% of the tax as well as compounding fee subject to pending proceedings. But in deviation to the orders of this Court, the 2"^ respondent issued impugned proceedings dated 16.12.2024 which is nothing but exercising his powers contrary to the orders of this Court. It is a settled proposition of law that once the respondents were given a specific direction, they shall follow the order as it is, without interpreting the orders in their own understanding and they are not supposed to deviate the terms of the order. But in the case on hand, the 2"^^ respondent \ 1 interpreted the order in his own way by deviating the terms of the order. Therefore, the impugned proceedings dated 16.12.2024 are liable to be set aside. Accordingly, the present writ petition is allowed with the following 7. directions: (i) The impugned proceedings dated 16.12.2024 is hereby set aside and the order of this Court dated 28.11.2024 in W.P.No.27700 of 2024 shall be deemed to have been continued in force. Further, the order passed by the 2^^ respondent dated (ii) 16.12.2024 is erroneous, which driven the petitioner to file another writ petition. Therefore, the 2"^^ respondent personally is liable to pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) towards costs to the Legal Services Committee, High Court of Andhra Pradesh, within a period of one (01) month from the date of receipt of a copy of this order. Registry is directed to ensure the payment from the 2'^^ respondent. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- m. SRiNIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// / To, 1. The Principal Secretary, Department of Transport, Roads and Buildings State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Deputy Transport Commissioner, DTO, Near .TKC College Road Swama Bharathi Nagar, Guntur, 522006. 3. The Regional Transport Officer, DTO, Near JKC College Road, Swama Bharathi Nagar, Guntur, 522006. 4. The Motor Vehicles Inspector, O/o. Motor Vehicle Inspector, Near Layola Public School, Nambur Panchayat, Mangalagiri, Guntur District. 5. One CC to Sri. Boppudi Alekhya Advocate [OPUC] 6. Two CCs to GP for Transport, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC ■ V*-*- HIGH COURT DATED:07/01/2025 ORDER WP.No.30261 of 2024 ALLOWING OF THE WP WITHOUT COSTS