IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1428 OF 2025 Between; Thirumala Cabs, Represented by Sri M. Sunil Kurnar, S/o. Devendar Reddy, Occ; Business, R/o. Door No. 2-06-003, Ravindra Nagar, Puducherry, Yanam -533464. ...PETITIONER AND 1. The State of AP, 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, Thirupathi, Andhra Pradesh State 3. The Motor Vehicles Inspector, Thirupathi, 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 In the nature of Writ of Mandamus declaring the action of the 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. PY04A2985 seized on 04.01.2025 by issuing Challan No. AP250219250104093522 demanding tax and fine of Rs. 2,41,000/- and also compounding fee of Rs. 10,000/- as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith. one 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 2nd respondent to release the Petitioner’s bearing No. PY04A2985 seized on 04.01.2025 by issuing Challan No. AP250219250104093522 seized by the 3rd 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 APHC010026922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3329] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1428/2025 Between: Thirumala Cabs ...PETITIONER AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT / a/ The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of the India 1. seeking the following reliefs;- “to issue an order writ or direction more particulariy in the nature of Writ of Mandamus declaring the action of the 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioner’s bearing No.PY04A2985 seized on 04.01.2025 by issuing Challan No.AP250219250104093522 demanding tax and fine of Rs.2,41,000/- and aiso compounding fee of Rs. 10,000/- as iilegai, 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”. Heard learned counsel for the petitioner and the learned Government 2. Pleader for Transport and perused the material available on record. Having heard the respective counsels and upon perusal of the material 3. available on record, it is an admitted fact that the petitioner is plying the rd vehicle without having valid tax payment and without permit, as such the 3 respondent seized the vehicle under the cover of vehicle check report dated 04.01.2025. However, considering the facts and circumstances of the case and in the 4. 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 55 V condition, to protect the interest of the petitioner on imposing certain respondents, pending the enquiry. 5. Accordingly, the writ petition is disposed of with the following directions: release the vehicle bearing No.PY04A2985 Vehicle Check report dated 04.01.2025 to the 50% of the tax along with compound producing demand draft or receipt (i) The Respondents shall seized pursuant to petitioner on condition of paying fees as on today and on acknowledging the payment, (ii) The Petitioner shall submit an vehicle will be produced as and when required for enquiry and that the would not be alienated pending enquiry. undertaking to the effect that the subject same There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- U.SRl DEV! ASSISTANT REGISTRAR OFFICER //TRUE COPY// SECT! To, Regional Transport Authority, Thirupathi 1. 2. The District Transport Officer, Andhra Pradesh State 3. The Motor Vehicles Inspector, Thirupathi, Andhra Pradesh State 4. One CC to Sri B 5. Two CCs to GP for Transport, Sivaramakrishnaiah Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF high court DATED:22/01/2025 ORDER WP.No.1428 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS