APHC010531472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27430/2025 Between: 1. S K SALAM, S/O.S.K.KHADER HUSSAIN AGED ABOUT 33 YEARS, R/O.FLAT NO.406 BRUNDAVAN APARTMENT, TADIPATRI, ANANTHAPURAMU DISTRICT, A.P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DEPUTY TRANSPORT COMMISSIONER, ANANTHAPURAM, A.P 4. THE REGIONAL TRANSPORT AUTHORITY, REP.BY ITS REGIONAL TRANSPORT OFFICER, ANANTHAPURAMU, ANDHRA PRADESH. 5. THE DISTRICT TRANSPORT OFFICER, ANANTHAPURAMU DISTRICT, A.P 6. THE MOTOR VEHICLES INSPECTORENFORCEMENT, O/O.DEPUTY TRANSPORT COMMISSIONER, ANANTHAPURAM, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 7. THE STATION HOUSE OFFICER SHO, ANANTHAPURAM-I TOWN, 2 ANANTHAPURAMU, A.P ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the 7th Respondent herein in seizing the Petitioner's unregistered Motor Vehicle i.e. Goods Carriage Vehicle bearing Engine No.HFPZ109543, Chassis Number MB1HTLFD7HPFX8102 and the subsequent action of the respondents herein in not releasing the Petitioner's Vehicle for selling the same as a scrap by retaining the Chassis Number Portion as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988, contrary to the orders passed by this Hon'ble Court in similar W.P No's.26116 of 2024, W.P No.24009 of 2022 and W.P No's. 1835 and 1836 of 2023, besides being violative of principles of Natural Justice and Articles 14, 19 and 21 of the Constitution of India consequently direct the Respondents herein to release the Petitioner's unregistered Motor Vehicle i.e. Goods Carriage Vehicle bearing Engine No.HFPZ109543, Chassis Number MB1HTLFD7HPFX8102 for selling the same as scrap and to pass IA 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 Respondent No’s.2 to 6 herein to release the Petitioner’s unregistered Motor Vehicle I.e. Goods Carriage Vehicle bearing Engine No. HFPZ109543, Chassis Number MB1HTLFD7HPFX8102 for selling the same as scrap by retaining the Chassis Number Portion, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR TRANSPORT The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27430/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 7th respondent herein in seizing the petitioner's unregistered Motor Vehicle i.e. Goods Carriage Vehicle bearing Engine No.HFPZ109543, Chassis Number MB1HTLFD7HPFX8102 and the subsequent action of the respondents herein in not releasing the petitioner's vehicle for selling the same as a scrap by retaining the Chassis Number Portion as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988, contrary to the orders passed by this Hon'ble Court in similar W.P.No.26116 of 2024, W.P No.24009 of 2022 and W.P Nos. 1835 and 1836 of 2023, besides being violative of principles of Natural Justice and Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents herein to release the Petitioner's unregistered Motor Vehicle i.e. Goods Carriage Vehicle bearing Engine No.HFPZ109543, Chassis Number MB1HTLFD7HPFX8102 for selling the same as scrap and pass such other order.” 2. Heard learned counsel for petitioner, learned Government Pleader for Transport and learned Government Pleader for Home appearing for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 07.09.2022 passed by this Court in Writ Petition No.24009 of 2022 and requested to pass a similar order in this writ petition also. 4 4. For better understanding the operative portion of the said order reads as follows: 1. “…The respondent authorities are directed to dismantle the vehicle in the presence of the petitioner or his representatives after duly video recording the entire process along with safeguarding the chasis and engine numbers of the vehicle. 2. After process of scrapping the vehicle is completed, the said scrap shall be handed over to the petitioners under a cover of panchanama. 3. This process should be videographed and the videographs are to be kept in sealed covers and handed over to the custody of the trial Court before whom said criminal complaints are pending. This process is to be completed within a period of six weeks from the date of receipt of a copy of this order. 4. It would be open to the investigating officer to conduct such proceedings as may be necessary to ensure that the entire process is properly recorded and the said record shall be kept in the custody of the Criminal Court before whom the complaints are pending.....” 5. The same is not disputed by learned Government Pleader for Transport and learned Government Pleader for Home appearing for the respondents. 6. In view of the same, let there be a similar order in this case, following the identical lines as in Writ Petition No.24009 of 2022, dated 07.09.2022. 7. In the result, In view of the above, this Writ Petition is disposed of at the admission stage with the following directions: 1. The respondent authorities are directed to dismantle the vehicle in the presence of the petitioner or his representatives after duly video recording the entire process along with safeguarding the chasis and engine numbers of the vehicle. 2. After process of scrapping the vehicle is completed, the said 5 scrap shall be handed over to the petitioners under a cover of panchanama. 3. This process should be videographed and the videographs are to be kept in sealed covers and handed over to the custody of the trial Court before whom said criminal complaints are pending. This process is to be completed within a period of six weeks from the date of receipt of a copy of this order. 4. It would be open to the investigating officer to conduct such proceedings as may be necessary to ensure that the entire process is properly recorded and the said record shall be kept in the custody of the Criminal Court before whom the complaints are pending. 8. Registry is directed to enclose a copy of the order dated 07.09.2022 passed in W.P.No.24009 of 2022 to this order. Miscellaneous petitions, if any pending, in this case, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.10.2025 TPS 6 60 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.27430 OF 2025 07.10.2025 TPS