IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY :: TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4873 OF 2025 Between: Tirumala Cabs,, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ- Business, R/o, 320/4, AV Road, Kalasipalyam, Bangalore, Karnataka State 560002. ...PETITIONER AND 1. The State of Andhra Pradesh rep by it’s 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 Andhra Pradesh State. ...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 Petitioners bearing No. KA51AD 1205 seized on 26.12.2024 by issuing Challan No. API 97244241226162933 demanding tax and fine and also compounding fee of Rs. 11,000/- as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith. 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 nd respondent to release the vehicle of the Petitioner s bearing No. KA51AD 1205 seized on 26.12.2024 by issuing Challan No. API97244241226162933 seized by the 3 forthwith to the petitioner pending disposal of the above writ petition. rd respondent Counsel for the Petitioner : SRI B SIVARAMAKRISHNAIAH Counsel for the Respondents : GP FOR TRANSPORT {R1 to R3) The Court made the following ORDER : ib APHC010093842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BPS [3329] as TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4873/2025 Between: Tirumala Cabs ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1. B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ or order or direction more particularly one in the nature of a 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 Petitioner’s bearing registration No.KA 51 AD 1205, by issuing Challan bearing No.API 97244241226162933 seized on 26.12.2024, demanding tax and fine and also compounding fee of Rs.11,000/- as illegal, arbitrary and contrary to law and consequently direct the 2”'^ respondent to release the vehicle of the petitioner forthwith and pass such other order. ” Heard the learned counsel for the petitioner and learned 2. Government Pleader for Transport appearing for respondent Nos.1 to 3. Having heard the respective counsels and upon perusal of the 3. 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 under the cover of vehicle check report dated 26.12.2024. However, considering the facts and circumstances of the case and 4. 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 appropriate and reasonable to direct the respondent authorities to release the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the respondents, pending the enquiry. it is 5. Accordingly, the Writ Petition is disposed of with the following directions: i) The Respondents shall release the vehicle bearing No.KA 51 AD 1205 seized pursuant to the Vehicle Check report dated 26.12.2024 to the petitioner on condition of paying 50% of the tax along with the compound fees as on today and on producing demand draft or receipt acknowledging the payment. 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. As a sequel miscellaneous application, pending, if any, shall also stand closed. ii) 1 2000 (4) ALD 501 = 2000 (4) ALT 4+68 Sd/-SHAIK MOHD RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The principal secretary rep by it’s State of Andhra Pradesh, 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 Andhra Pradesh State 4. One CC to SRI. B SIVARAMAKRISHNAIAH Advocate [OPUC] 5. Two CCS to GP FOR TRANSPORT ,High Court Of Andhra Pradesh. [OUT] 6. THREE CD COPIES TAC HIGH COURT DATED:25/02/2025 ORDER WP.No.4873 of 2025 ANOfl^ Ig 0 6 MAR 2025 ^ Current Section DISPOSING THE WP WITHOUT COSTS