/ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / FRIDAY, THE TWENTY FOURTH DAY OF JANUARY "f TWO THOUSAND AND TWENTY FIVE ^ /i n tfi let PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1729 OF 2025 vX V'' V./ Between: M. SuniT Kumar, S/o. Devendar Reddy, Occ: Business, R/o. A- Sector, Near Helipad Road, NLG, POI PS Naharlagun, Papumpare, Arunachal Pradesh-791110. '' ...PETITIONER AND 1. The State of Andhra Prdaesh, rep by its Principal Secretary, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The Deputy Transport Commissioner, Regional Transport Authority, Kakinada, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Kakinada 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 2"^ respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. AR02 3645 seized on 03.01.2025 by issuing Challan No.AP203627250103104311 demanding tax and fine of Rs. 2,77,000/- and also compounding fees of Rs. 10^000/- as illegal, arbitrary and contrary to law and consequently direct the 2"'^ respondent to release the vehicle of the petitioner forthwith. may 't' 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 **. ♦ I .Petitioner’s bearing No. AR02 3645 seized on 03.01.2025 by issuing Challan No AP203627250103104311 seized by the 3 rd respondent forthwith to the petitioner pending disposal of the above writ petition.\^" Counsel for the Petitioner: SRI B. SIVARAMAKRISHNAIAH v/ Counsel for the Respondent Nos.1 to 3: GP FOR TRANSPORT The Court made the following: ORDER / APHC010030802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1729/2025 Between; ...PETITIONER M Sunil Kumar 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 The Court made the following; 2 \ J THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1729/2025 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 on 03.01.2025. 3) 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 favor 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 4) directions; (i) The respondents shall release the vehicle bearing No.AR023645 seized on 03.01.2025 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. 2000(4) ALD 501 = 2000 (4) ALT 468 / 3 (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. 5) Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY/^ s^crrorN OFFICER To The Principal Secretary, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District Commissioner, Regional Transport Authority, 1. The Depi^Transport Kakinada, Andhra Pradesh State. The Motor Vehicles Inspector, Kakinada, Andhra Pradesh State One CC to Sri B. Sivaramakrishnaiah, Advocate [OPUC] 2. 3. 4. Two CCs to GP for Tra^ort, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. 5. ssb HIGH COURT DATED:24/01/2025 ORDER WP.No.1729 of 2025 2 7 JAN 2Cro X ! Section DISPOSING OF THE W.P. WITHOUT COSTS