1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTY THIRD DAY OF JANUARYl TWO THOUSAND AND TWENTY FIVE ^ I PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1576 OF 2025 Between: Orange Tours and Travels, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ: Business, R/o. A- Sector, Near Helipad R PO/PS Naharlagun, Papumpare, Arunachal Pradesh -791109.^ oad, NLG ...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, Nandyal, Nandyal District, Andhra Pradesh State. -- 3. The Motor Vehicles Inspector, Dhone, Nandyal 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 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 respondent insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. AR01G4158 seized on 13.12.2024 by issuing Challan No. AP203893241213030102 demanding tax and fine of Rs. 4,33,000/- and also compounding fee of Rs. 10,000/- as illegal, arbitrary and contrary to law and consequently direct the respondent to release the vehicle of the petitioner forthwith. may in 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 be pleased to direct the 2^^ respondent to release the vehicle of the Petitioners bearing No. AR01G4158 seized on 13.12.2024 by issuing Challan No. AP203893241213030102 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 Respondents: GP FOR TRANSPORT The Court made the following: ORDER APHC010026692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1576/2025 Between: Orange Tours And Travels ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: / / V THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1576/2025 ORDER Heard learned counsel for the petitioner and the learned Government Pleader for Transport and perused the material available on record. 2) 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 and issued Challan dated 13.12.2024. 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 petitioner on imposing certain condition, to protect the interest of the respondents, pending the enquiry. Accordingly, the writ petition is disposed of with the following 3) 4) directions: The Respondents shall release the seized vehicle bearing NO.AR01G4158 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. (i) 2000(4) ALD 501 = 2000 (4) ALT 468 (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/- K.KASI RAO ACHARI assistant registrar 5) //TRUE COPY// SECTION OFFICER °f AP, Transport Roads and Buildinas Gunfur DisWct buildings, ThuHur Mandal, Amaravath? To, 3. The Motor Vehicles Inspector, Dhone, Nandyal District Andhra 4. One CC to Sri B. Sivaramakrishnaiah, Advocate [OPUC] 5. TwoCCsto GP for Transport, High Court of Andhra 6. Three C.D. Copies. Pradesh Pradesh. [OUT] Cnr HIGH COURT DATED:23/01/2025 ORDER WP.No.1576 of 2025 OV * 2 7 JAN 2025 . Current Secuon . o f DISPOSING OF THE W.P. WITHOUT COSTS