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APHC010701332025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 35989 OF 2025 Between:
1. KOMITLA TRANSLINES, Proprietor V. Jaya Prakash No.240, MM Adigal Salai, Puducherry-605005 Rep by its GPA Holder Bheemathati Udaykanth ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Transport Department, Secretariat, Amaravathi, Guntur District, A.P.- 522
237. 2. The Deputy Transport Commissioner, Guntur, Guntur District, A.P. - 522
006. 3. The Assistant Motor Vehicle Inspector, O/o DTC, Guntur, Guntur District, A.P. - 522 006. ...Respondents Counsel for the Petitioner: B CHANDRA SHEKHAR Counsel for the Respondents: GP FOR TRANSPORT
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The Court made the following ORAL ORDER:
Heard Sri B. Chandra Sekhar, learned Counsel for the Writ Petitioner and Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings, Transport and Labour. 2. Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport, has submitted the Written Instructions furnished by the Deputy Transport Commissioner, Guntur District. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record. 3. Sri B. Chandra Sekhar, learned Counsel for the Writ Petitioner, has drawn the attention of this Court to G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984 (Ex.P.7). 4. On facts, learned Counsel for the Writ Petitioner would submit that the Vehicle bearing No.PY 01 CY 8667 was seized by the Official Respondents on 18.12.2025, while it was proceeding from Autonagar Parking Yard to the Autonagar Workshop in Guntur. 5. Learned Counsel for the Writ Petitioner further submits that the Vehicle was in transit through the State of Andhra Pradesh with its destination at Guntur. He would submit that the above Vehicle held an All India Tourist Permit, which was valid from 16.09.2025 up to 15.12.2025 (Ex.P.6). He would further submit that, out of sheer inadvertence, the Petitioner did not notice that the permit had expired. As on the date of seizure at 16:46 hours, on 18.12.2025, the above-mentioned Vehicle did not technically have a valid All India Tourist Permit, as it had expired approximately three days prior to the time of seizure. 6. On the face of it, it appears to the Court that the alleged violation was not deliberate but occurred due to inadvertence.
It is also the opinion of this Court that the present case is covered by G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984 (Ex.P.7). 3
7. Having regard to the same, this Court is of the opinion that it would be appropriate to dispose of this Writ Petition with a direction to the Writ Petitioner to comply with G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984 (Ex.P.7), and also to pay the compounding fee as stated in the Challan dated 18.12.2025, issued at 16:46 hours (Ex.P.2). There shall be a further direction that the Deputy Transport Commissioner, Guntur (Respondent No.2) shall be obligated to release the Vehicle bearing No. PY 01 CY 8667 forthwith upon compliance with the directions of this Court. 8. Accordingly, the present Writ Petition is allowed in terms of the above directions. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. _______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 24.12.2025 JKS
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No. 35989 of 2025
24.12.2025
JKS