IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARy/^^/F YC :c TWO THOUSAND AND TWENTY FIVE >! o PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1426 OF 2025 Between: Thirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ: Business, R/o. A- Sector, Near Helipad Road, NLG, PO/ PS Nahariagun, Papumpare, Arunachal Pradesh -791110. ...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 District Transport Officer, Regional Transport Authority, Bheemavaram, West Godavari District, Andhra Pradesh State 3. The Motor Vehicles Inspector, Bheemavaram, West 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 2"'^ respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. AR025466 seized on 11.01.2025 by issuing Challan No. AP204047250111070607 demanding tax and fine of Rs. 2,17,000/- as illegal, arbitrary and contrary to law and consequently direct the 2 respondent to release the vehicle of the petitioner forthwith. nd f lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may respondent to release the vehicle of the nd be pleased to direct the 2 Petitioners bearing No. AR025466 seized on 11.01.2025 by issuing Challan No. AP204047250111070607 seized by the 3^^ respondent forthwith to the petitioner 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 APHC010026702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) H'riiS [3329] W-iT?'-: WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1426/2025 Between; Thirumala Cabs ...PETITIONER AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: ORDER: 1. This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- to issue an order writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in insisting to pay the tax and penalty the condition for release of the vehicle of the Petitioner’s bearing No.AR025466 seized on 11.01.2025 by issuing Challan No.AP204047250111070607 demanding tax and fine of Rs.2,17,000/- as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass such and pass such order”. as 2. Heard learned counsel for the petitioner and the learned Government Pleader for Transport and perused the material available on record. 3. Having heard the respective counsels and upon perusal of the material available on record, it is an admitted fact that the petitioner is plying the vehicle without having valid tax payment and without permit, as such the S'"* respondent seized the vehicle under the cover of vehicle check report dated 11.01.2025. 4. However, considering the facts and circumstances of the case and in the light of the law laid down by the Division Bench of this Court in a decision reported in Saleem Tours and Travels vs. Joint Transport Commissioner and Secretary^ in our considered opinion, it is appropriate and reasonable to direct the respondent authorities to release the seized vehicle in favour of the 2000(4) ALD 501 = 2000 (4) ALT 468 -> ft petitioner on imposing certain condition, to protect the interest of the respondents, pending the enquiry. 5. Accordingly, the writ petition is disposed of with the following directions: (i) The Respondents shall release the vehicle bearing No.AR025466 seized pursuant to Vehicle Check report dated 11.01.2025 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, (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. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- U.SRI DEVI ASSISTANBREGISTRAR //TRUE COPY// ECtibN OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District. 2. The District Transport Officer, Regional Transport Authority, Bheemavaram, West Godavari District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Bheemavaram, West Godavari 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. Three C.D. Copies. Cnr ^ • HIGH COURT DATED:22/01/2025 ORDER WP.No.1426 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS