APHC010536322025 o IN THE HIGH COURT OF ANDHRA PRADESh^^^®^^ ATAMARAVATI (Special Original Jurisdiction) o ^ * b:: WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27685 OF 2025 Between: Thirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ. Business, R/o. A- Sector, Near Helipad Road, NLG, PO/ PS Naharlag Papumpare, Arunachal Pradesh -791110. un. ...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, Gannavaram, 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 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioner's bearing No. AR024129 seized on 19.04.2025 by issuing Challan No. API 97251250419065247 demanding tax and fine of Rs. 2,17,000/- 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. ir 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 Petitioner’s bearing No. AR024129 seized on 19.04.2025 by issuing Challan No. API 97251250419065247 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 No.1 to 3: GP FOR TRANSPORT The Court made the following order: APHC010536322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] mi WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27685/2025 THE Between: REPRESENTED BY SRI M. SUNIL KUMAR, S/0. ’ “eDdV. 0=0, BUSINESS, »0, B- SSCTOK NE» POI PS NAHARLAGUN, PAPUMPARE, NLG, HELIPAD ROAD, ARUNACHAL PRADESH -791110. ...PETITIONER AND PRADESH, REP BY ITS PRINCIPAL ROADS 1.THE STATE OF ANDHRA SECRETARY. DEPARTMENT, MANDAL, AMARAVATHI, GUNTUR DISTRICT and buildings THULLUR TRANSPORT A.P. SECRETARIAT BUILDINGS REGIONAL NTR DISTRICT, COMMISSIONER VIJAYAWADA, TRANSPORT 2.THE DEPUTY TRANSPORT- AUTHORITY, ANDHRA PRADESH STATE MOTOR VEHICLES INSPECTOR, GANNAVARAM, NTR 3.THE DISTRICT ANDHRA PRADESH STATE ...RESPONDENT(S): of the Constitution of India praying that in the Petition under Article 226 . ^ u circumstances stated In the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order or direction more particulariy one in the nature of Writ of Mandamus declaring the action of the 2nd respon en in InLtl to pay the tax and penaity as the condition for release of the vehicle of the Petitioner's bearing No, AR024129 seized on 19,04,2025 by issuing 2 Challan No. API 97251250419065247 demanding tax and fine of Rs. 2,17,000/- 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 vehicle of the Petitioner’s bearing No. AR024129 seized on 19.04.2025 by issuing Challan No. API 97251250419065247 seized by the 3rd respondent forthwith to the petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: 3 n THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27685/2025 ORDER: Heard learned counsel for the petitioner and the learned Government Pleader for Transport and perused the material available on record. 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 respondent seized the vehicle on 19.04.2025. 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 2) 3) 4) directions; (i) The respondents shall release the vehicle bearing No.AR024129 seized on 19.04.2025 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 (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, (iii) If the petitioner intent to ply the vehicle, the petitioner shall obtain valid documents/permissions from the respondent authorities. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR 5) //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh Buildings Department, A.P. Secretariat Amaravathi, Guntur District 2. The Deputy Transport Commissioner, Transport Roads and Buildings, Thullur Mandal Regional Transport Authority, Vijayawada, NTR District, Andhra Pradesh State 3. The Motor Vehicles Inspector, Gannavaram, Pradesh State NTR District, Andhra 4. One CC to SRI B SIVARAMAKRISHNAIAH Advocate 5. Two CCs to GP FOR TRANSPORT [OUT] 6. Two CD Copies [OPUC] High Court of Andhra Pradesh gsg HIGH COURT .’t DATED:08/10/2025 ORDER WP NO. 27685 OF 2025 DISPOSING THE WP WITHOUT COSTS