4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ WEDNESDAY, THE TWENTY SECOND DAY OF JANUARy/o/ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD WRIT PETITION NO: 1424 OF 2025 Olj q: Co IH t Between: Tirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Aged about 47 Years, Occ. Business, R/o. Temporary Address Jail Road, Kohima Nagaland State 797001 Permanent Address 148, 149 Green Park Avenue Suchitra Junction, Medchal Malkaigiri District Telangana State ...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 Deputy Transport Commissioner and Secretary, Regional Transport Authority, Visakhapatnam, Andhra Pradesh State 3. The Motor Vehicles Inspector, Visakhapatnam, 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. NL01B2903 seized on 10.01.2025 by issuing Challan No.AP248946250110064338 demanding tax and fine of Rs.2,05,000/- and also compounding fee of Rs.10,300/- as illegal, arbitrary and contrary to law and consequently direct the 2'^'^ 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 the vehicle of the Petitioners bearing No. NL01B2903 seized on 10.01.2025 by issuing Challan No. AP248946250110064338 seized by the 3 forthwith to the petitioner pending disposal of the above writ petition. rd respondent Counsel for the Petitioner: SRI B. SIVARAMAKRISHNAIAH Counsel for the Respondent Nos.1 to 3: GP FOR TRANSPORT The Court made the following: ORDER APHC010026722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1424/2025 [3329] 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 The Court made the following: ORDER: 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 as the condition for release of the vehicle of the Petitioner’s bearing No.NL01B2903 seized on 10.01.2025 by issuing Challan No.AP248946250110064338 demanding tax and fine of Rs. 2,05,000/- and also compounding fee of Rs. 10,300/- 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 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 rd 10.01.2025. 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 direct the respondent authorities to petitioner on imposing certain condition, to respondents, pending the enquiry. 5. Accordingly, the writ petition i directions: appropriate and reasonable to release the seized vehicle in favour of the protect the interest of the IS disposed of with the following (i) The Respondents shall seized pursuant to Vehicle Check petitioner on condition of fees as on today and acknowledging the payment, (ii) The Petitioner shall submit vehicle will be produced 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. release the vehicle bearing No.NL01B2903 report dated 10.01.2025 to the paying 50% of the tax along with compound producing demand draft on or receipt an undertaking to the effect that the subject as and when required for enquiry and that the / ^ 2000(4) ALD 501 = 2000 (4) ALT 468 I Sd/- U.SRI DEVI ASSISTAN-^EGISTRAR //TRUE COPY// SECTION 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, Visakhapatnam, Andhra Pradesh State 3. The Motor Vehicles Inspector, Visakhapatnam, 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 CD Copies. ssb HIGH COURT DATED:22/01/2025 ORDER WP.No.1424 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS