4f' APHC010536312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBErII^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27709 np 2025 5-O ■'A Between: Mahadeo Transport Service, Represented by Mohammed Shabi Mohammed Hasan Khan Aged about 35 Years 555, Ward No. 30, Shiv Takies Chowk Bilaspur, Chattisgarh 495001 . Khan S/o. Occ; Business, R/o. H No. Bilaspur Muncipal Corporation, ...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 Regional Transport Authority, Vijayawada, NTR District, Andhra Pradesh State. 3. The Motor Vehicles Inspector, Vijayawada, NTR District Pradesh State. Andhra ...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. CG10AS9090 seized on 25.09.2025 by issuing I Challan No. 2,51,000/- and also contrary to law and vehicle of the petitioner forthwith. AP197251250925184245 demanding tax and fine of Rs. compounding fees of Rs. 10,000 as illegal, arbitrary and consequently direct the 2""^ respondent to release the lA NO: 1 OF 20?fi 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 Petitioner’s bearing No. Challan CG10AS9090 seized 25.09.2025 by issuing on No. API 97251250925184245 seized by the 3 rd respondent forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI CH. RAVINDER Counsel for the Respondents; GP FOR TRANSPORT The Court made the following order: *■ APHC010536312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27709/2025 Between: 1.MAHADEO TRANSPORT SERVICE, REPRESENTED BY MOHAMMED SHABI KHAN S/0. MOHAMMED HASAN KHAN AGED ABOUT 35 YEARS , OCC BUSINESS, R/0. H NO. 555, WARD NO. 30, SHIV TAKIES CHOWK, BILASPUR MUNCIPAL CORPORATION, BILASPUR, CHATTISGARH 495001 . ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY. TRANSPORT ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, THULLUR MANDAL, AMARAVATHI GUNTUR DISTRICT A.P. 2.THE DEPUTY TRANSPORT COMMISSIONER, REGIONAL VIJAYAWADA, NTR DISTRICT, TRANSPORT AUTHORITY ANDHRA PRADESH STATE 3.THE MOTOR VEHICLES INSPECTOR, VIJAYAWADA, NTR DISTRICT ANDHRA PRADESH STATE ...RESPONDENT(S): 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 topleased 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 2 of the Petitioners bearing No. CG10AS9090 seized on 25.09.2025 by issuing Challan No. AP197251250925184245 demanding tax and fine of Rs. 2,51,000/- and also compounding fees of Rs. 10,000 as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass 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 pleased to direct the 2nd respondent to release the the vehicle of the Petitioner’s bearing No. CG10AS9090 seized on 25.09.2025 by issuing Challan No. API 97251250925184245seized by the 3rd respondent forthwith to the petitioner pending disposal of the above writ petition and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1.CH RAVINDER Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27709/2025 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 25.09.2025. 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.CG10AS9090 seized on 25.09.2025 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 4 it (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. 5) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- G HELA NAIDU DEPUTY REGISTRAR //TRUE COPY// V- 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, Regional Transport Authority, Vijayawada, NTR District, Andhra Pradesh State 3. The Motor Vehicles Inspector, Vijayawada, NTR District Pradesh State 4. One CC to Sri Ch. Ravinder, Advocate [OPUC] 5. Two CCs to GP for Transport, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr Andhra HIGH COURT DATED:08/10/2025 ORDER WP NO. 27709 OF 2025 AHS^^ =3 H OCT 2025 Vsijun’ent DISPOSING OF THE W.P. WITHOUT COSTS