\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUAF|f|^ TWO THOUSAND AND TWENTY FIVE V\i o o PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1427 OF 2Q2fi Between: Tirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Aged about 47 Years, Occ Business, R/o. Temporary Address Kohima Nagaland State 797001 Permanent Address 148 Avenue Suchitra Junction, Medchal Maikajgiri District Telangana State ...PETITIONER Jail Road, 149 Green Park 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 and Secretary, Regional Transport Authority, Vijayawada, Andhra Pradesh State 3. The Motor Vehicles Inspector, Vijayawada, Andhra Pradesh State ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ or order or direction more particularly nature of Writ of Mandamus declaring the action of the 2 may one in the nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. NL01B 2908 seized on 05.01.2025 by issuing Challan f^Jo. AP233365250105005227 demanding Rs. 2,05,000/- and also tax and fine of compounding fee of Rs. 10,000/- as illegal, arbitrary and contrary to law and consequently direct the 2 nd respondent to release the vehicle of the petitioner forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC 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 Petitioners bearing No. NL01B 2908 seized the vehicle of the on 05.01.2025 by issuing respondent Challan No. AP233365250105005227 seized by the 3 forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI B. SIVARAMAKRISHNAIAH Counsel for the Respondent Nos.1 to 3: GP FOR TRANSPORT The Court made the following: ORDER T 4 APHC010026672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1427/2025 Between: Tirumala 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 7 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 deciaring 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.NL01B2908 seized on 05.01.2025 by issuing Challan No.AP233365250105005227 demanding tax and fine of Rs.2,05,000/- 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 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. 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 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 05.01.2025. 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 petitioner on imposing certain condition, respondents, pending the enquiry. Accordingly, the writ to protect the interest of the 5. petition is disposed of with the following directions: (i) The Respondents shall seized pursuant to Vehicle Check petitioner on condition of fees as release the vehicle bearing No.NL01B2908 report dated 05.01.2025 to the paying 50% of the tax along with producing demand draft compound on today and acknowledging the payment, (ii) The Petitioner shall submit vehicle will be produced on or receipt an undertaking to the effect that the subject 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. / / AOO.O-. Sd/-U.SRI DEVI ASSISTANT Rj^GI^TRAR SECT! //TRUE COPY// OFFICER To, 1. The Principal Secretary, Transport Roads and Buildings Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Vijayawada, Andhra Pradesh 3. The Motor Vehicles Inspector, Vijayawada, Andhra Pradesh 4. One CC to Sri B. Sivaramakrishnaiah, Advocate 5. Two CCs to GP for Transport, High Court of Andhra 6. Three CD Copies. State State [OPUC] Pradesh. [OUT] ssb HIGH COURT DATED:22/01/2025 ORDER WP.No.1427 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS