IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3628 OF 2025 Between: Penugonda Mahaboob Sadiq Vali, S/o. P. Mahaboob Fakruddin, Aged about 38 Years, Occ Businesss, R/o. 28-4-628, Drivers Colony, Ananthapur, Ananthapur District. ...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, and Secretary, Regional Transport Authority, Anantapur, Anantapur District, Andhra Pradesh State. (Cause Title is amended as per the Court's Order dt.17.02.2025 in I.A.No.02 of 2025.) 3. The Motor Vehicles Inspector, Kurnool, Kurnool District Andhra Pradesh State. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 not accepting the demand draft of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand Only), Dt. 31.01.2025 towards the tax of the Petitioner's vehicle bearing No. AP39 TB 3547 as illegal, arbitrary and ^.^ntrary to provisions of Motor Vehicle's Taxation Act ^ >^^gi|r^^eiBgently '/ ,Xt26j^0p7- (Rupees One Lakh Twenty Thousand Only), Dt. 31.01.2025 to ply ^the veWcle forthwith. < ♦A NO:1OF2025 , 1963 and direct the 2nd respondent to accept the demand draft of Rs. Petition under Section 151 CPC is filed 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 accept the demand draft of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand Only), Dt. 31.01.2025 to ply the vehicle of the Petitioner bearing No. AP39 TB 3547 forthwith, pending disposal of the above writ petition. Counsel for the Petitioner :SRL E MARUTHI RAJA Counsel for the Respondent No’s. 1 to 3: GP FOR TRANSPORT The Court made the following ORDER: f APHC010065582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) all [3329] THURSDAY .THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3628/2025 Between: Penugonda Mahaboob Sadiq Vali ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.E MARUTHI RAJA Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3628/2025 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 the action of the 2”^ respondent in not accepting the demand draft of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) dated 31.01.2025 towards the tax of the Petitioner’s vehicle bearing No.AP39 TB 3547 as illegal, arbitrary and contrary to provisions of Motor Vehicle’s Taxation Act, 1963 and conseguently direct the 2'^^ respondent to accept the demand draft of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand Only) dated 31.01.2025 to ply the vehicle forthwith and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is a transport vehicle operator and his vehicle was seized by the respondents on the ground of non-payment of quarterly tax and penalty imposed thereon from 30.09.2024 to till date. He further submits that the action of the respondents in demanding tax as well as penalty was challenged before this Court by way of Writ Petition No.25167 of 2024 on the ground that the penalty imposed by the respondents is exorbitant, wherein this Court was pleased to pass an order dated 06.11.2024, which is extracted hereunder: & "4) Accordingly, the writ petition the following directions: is disposed of with (i) The Respondents shall release NO.AP39TB3547 the vehicle bearing sized pursuant to Vehicle Challan dated 27.10.2024 to the No. AP203855241027060043, petitioner on condition of paying 50% of the tax along with ^ compound fees as demand draft on today and on producing or receipt acknowledging the (li) The Petitioner shall submit payment, undertaking to the an effect that the subject vehicle will be produced as and When required for enquiry and that the be alienated pending enquiry. There shall be no order as to costs. same would not 5) 4. Pursuant to the approached the respondents and orders of this Court, the petitioner submitted a demand draft for an amount of Rs 1,20,000/- on 31.01.2025. But for Other, the respondents one reason or the are not accepting the demand draft Court, another on the quarter claim is pay advance quarter up to entire due of cannot be renewed to ply the ground that after the orders of this also fell for due and the petitioner has to 31 03.2025 along with Rs.7,50,000/- tax and penalty. Unless the was cleared, the permit vehicle. Hence, the present Writ Petition. 5. On the other hand, learned written instructions dated stated that the petitioner for an amount of Rs. 1,20,000/-, which i Government Pleader furnished 18.02.2025, wherein it is categorically approached and submitted a demand draft IS due upto 30.09.2024. But whereas, the petitioner has to pay another two quarters i.e., for the quarter by 31.12.2024 and 31.03.2025. unless clearing the entire tax amount upto 31.03.2025, the petitioner may not be entitled for renewal of permit to ply the vehicle. 6. Having regard to the submissions made by the learned counsel for the petitioner as well as learned Government Pleader for the respondents and on perusal of the material placed on record and in view of the orders dated 06.11.2024 passed by this Court W.P.No.25167 of 2024, the respondents are hereby directed to receive the demand draft dated 31.01.2025 for Rs. 1,20,000/- along with 50% of the in an amount of amount of the quarters from 30.09.2024 to 31.03.2025 and after receipt of the said additional amount, the respondents are directed to renew the permit of the petitioner. After granting such permission, the petitioner shall remaining balance amount within a period of two quarters or six (6) months thereafter. pay 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- N. NAGAWIMA assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal secretary. Transport Roads and Buildings Department, State of AP, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District. 2. The Deputy Transport Commissioner, Transport Authority, Anantapur, Anantapur District, State. 3. The Motor Vehicles Inspector, Kurnool, Kurnool State. ..Respond 4. One CC to SRI. E MARUTHI RAJA, Advocate [OPUC] 5. Two CCS to GP FOR TRANSPORT, High Court Of Andhra Pradesh [OUT] 6. Three CD Copies and Secretary, Regional . Andhra Pradesh District Andhra Pradesh PRK Ijjlr HIGH COURT DATED;20/02/2025 ORDER WP.No.3628 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS