1 APHC010541812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 28038/2025 Between: 1. SRI MARUTHI TRAVELS, MARIANI ROAD, MOKOKCHUNG TOWN, NAGALAND STATE-798601. REP BY IT PROPERITOR, NEMALIPURI PRASAD, S/O. KOTAIAH, AGED ABOUT 37 YEARS, OCC BUSINESS, R/O.H.NO. 1-58/3/C, SAI HOUSE, RAMAKRISHNA NAGAR, MADINAGUDA, MIYAPUR, HYDERABAD, TELANGANA STATE-500049. (AHOK LEYLAND BUS NO. NL02B3335) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY TO GOVERNMENT, TRANSPORT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE TRANSPORT COMMISSIONER, GOVERNMENT OF ANDHRA PRADESH, NTR ADMINISTRATIVE BLOCK, RTC HOUSE, 3RD FLOOR, KRISHNA LANKA, VIJAYAWADA-520013. 3. THE DISTRICT TRANSPORT OFFICER, NANDYAL. 4. THE ASST MOTOR VEHICLE INSPECTOR, NANDYAL. ...RESPONDENT(S): Counsel for the Petitioner: 1. SYED KHADER MASTAN Counsel for the Respondent(S): 2 1. GP FOR TRANSPORT The Court made the following: ORAL ORDER: Heard Sri Syed Khader Mastan, learned Counsel for the Writ Petitioner and Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Transport. 2. The present Writ Petition is filed seeking the following relief: “It is therefore prayed that this Hon’ble Court may be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the 4th Respondent in illegally detaining the Petitioners Ashok Leyland Bus No.NL02B3335 and issuing a Challan of Rs.4,33,000/- under head other state vehicles plying without paying tax and Rs.10,000/- under head vehicle plying without permit by way of Challan dated 30/09/2025 02.47.02, though necessary tax was paid on 29/09/2025 at 09.47 PM as illegal, arbitrary and unconstitutional and consequently set-aside the Challan dated 30/09/2025 02.47.02 issued by the 4th Respondent and be pleased to pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.” 3. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the proof of payment (Ex.P.3) which indicates that the renewal has been done few hours before it expires i.e., at 09:47 P.M on 29.09.2025. Learned Counsel for the Writ Petitioner would submit that All India Permit is valid till the midnight of 29.09.2025. He would also submit that this payment which is made at 09:47 P.M on 29.09.2025 was reflected on the Official Website of the Respondent Authority only on the next day morning i.e., on 30.09.2025. He would submit that when the vehicle was apprehended at 02:47 A.M on 30.09.2025, the driver of the vehicle could not produce the proof evidencing the due renewal of All India Permit at 09:47 P.M on 29.09.2025. 3 4. Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Transport, on instructions, would submit that when the vehicle was apprehended at 02:47 A.M on 30.09.2025, the driver could not produce any proof indicating that the All India Permit has been duly renewed. 5. Since the time gap between the payment and the apprehending of the vehicle is narrow, this Court is of the view that despite the payment having been made at 09:47 P.M on 29.09.2025, it is but natural that the driver of the vehicle could not produce the proof of renewal. Inability to produce the proof of renewal does not amount to non-renewal of the All India Permit. This Court is satisfied with the material produced by the Writ Petitioner (Ex.P.3) that the Writ Petitioner has duly renewed the vehicle well before the expiry of the All India Permit and therefore, no liability can be attached against the Writ Petitioner for renewal of the All India Permit within time. 6. This Writ Petition is accordingly allowed with a direction to the Respondent Authorities to release the vehicle bearing No.NL02B3335 by 11:00 A.M on 16.10.2025. No Order as to costs. 7. Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Transport, is directed to convey the gist of this Order to the Competent Authority forthwith for effective compliance. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:15.10.2025 Note: Issue C.C today, B/o, Vns