/ ■ V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1752 OF 2025 Between; Thirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ. Business R/o. Shop No 3, Agarwal Complex, Dattawadi, Nagpur, Maharastra State. ...Petitioner AND The State of Andhra Pradesh, rep by its Principal Secretary. Transport Roads and Buildings Department A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District. The Deputy Transport Commissioner, Regional Transport Authority, Ananthapur, Andhra Pradesh State. The Motor Vehicles Inspector, Ananthapur, 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 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. MH40BL1501 seized 12.01.2025 by issuing Challan No. AP203552250112222211 demanding tax and fine of 1. 2. 3. may 1 Rs. 2,41,000/- and also compounding fee of Rs. 13,000/- as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to releasejthe vehicle of the petitioner forthwith. lA NQ- 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 2nd respondent to release the Petitioners bearing No. I\/IH40BL1501 seized on 12.01.2025 by issuing Challan No. AP203552250112222211 seized by the 3rd respondent forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI. B SIVARAMAKRISHNAIAH Counsel for the Respondents: GP FOR TRANSPORT The Court made the following order: APHC010033212025 / 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: 1752/2025 Between: ...PETITIONER Thirumala Cabs 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: 2 fSb THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO; 1752/2025 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 \ I \ / the vehicle without having valid tax payment and without permit, as such the 3^^ respondent seized the vehicle on 12.01.2025. 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 Sa/eem 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. 4) Accordingly, the writ petition is disposed of with the following directions: (i) The respondents shall release the vehicle bearing No.MH40BL1501 seized on 12.01.2025 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/- KJ RAJABABU ASSISTANT REGISTRAR //TRUE COPY// FFICER SEC To, The Principal Secretary, Transport Roads and Buildings Department A.P. Secretariat Buildings, State of Andhra Pradesh, Thullur Mandal, Amaravathi, Guntur District. 1. The Deputy Transport Commissioner, Regional Transport Authority, Ananthapur, Andhra Pradesh State. 2. The Motor Vehicles Inspector, Ananthapur, Andhra Pradesh State. 3. 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 GSC cc GSC HIGH COURT NV,J DATED:24/01/2025 ORDER OF ANo7y>? WP.No.1752 of 2025 5 2 7 JAN 2C:j I . Current Section . ^ PATC DISPOSING OF THE WP WITHOUT COSTS