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APHC010534882025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27728 OF 2025 Between:
1. R GOKULA RAJ, S/O V. RAJA GOUNDER AGED ABOUT 32 YEARS, OCC TRANSPORT BUSINESS, R/O D.NO.4/156, DOWN STREET, KULLAPPA NAYAKAR, THIPPANPATTI, SALEM, TAMILNADU STATE-636204 (REP BY HIS AUTHORIZED PERSON VALLABHNENI NAGARAJKUMAR CHOWDAY)
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
TRANSPORT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, A.P.
2. THE DEPUTY TRANSPORT COMMISSIONER, ELURU DISTRICT AT ELURU. 3. THE MOTOR VEHICLE INSPECTOR, , O/O DTC, ELURU, ELURU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. B CHANDRA SHEKHAR Counsel for the Respondent(S):
1. GP FOR TRANSPORT
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The Court made the following ORAL ORDER:
Heard Sri B. Chandrasekhar, 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 has submitted the written instructions and as well as counter affidavit filed by the Deputy Transport Commissioner, Eluru, Eluru District. Copies of supplied to the counsel for the petitioner and the same were taken on record. 3. Sri B. Chandrasekhar, learned Counsel for the Writ Petitioner has drawn the attention of this court, to G.O.Ms.No.285, TR&B (Tr.II) dt. 15-9- 1984 (Ex.P.4). 4. On facts, learned Counsel for the Writ Petitioner would submit that, the vehicle bearing No.TN90F 5338 was seized by the official Respondents at 7.00 AM on 18-09-2025, while it was coming from Hyderabad to Vijayawada and was kept in Nuzvidu Bus stand. 5. Learned Counsel for the Writ Petitioner further submits that, the vehicle was in transit to the State of Andhra Pradesh with its destination at Vijayawada. He would submit that the above vehicle held a state wide Contract Carriage Permit of Tamilnadu State, which was valid up to 24-2-2026 but the vehicle did not have an All India Permit. 6. Hence, 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 TR&B (Tr-II) dt.15-9-1984 (Ex.P4) and also to pay the compounding fee as stated in the Challan dt. 18-9-2025 issued at 07:21 hours (Ex.P2).
There shall be a further direction that, the Deputy Transport Commissioner, Eluru (Respondent No.2) shall be obligated
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to release the vehicle bearing No.TN 90 F 5338 forthwith, upon compliance with the directions of this court. 7. Accordingly, this writ petition is allowed in terms of the above directions. No order to cost. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 12.11.2025 Mnr
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No.27728 OF 2025
Dt.12.11.2025 Mnr