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: 4880 OF 2025 Va m Between: Tirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ: Business, R/o. H No. 40-1-79B Opp SBI Bank NTR Circle, Vijayawada, Patamata Vijayawada Urban NTR, Andhra Pradesh 520007 ...PETITIONER AND 1. The State of Andhra Pradesh rep by its principal secretary. Transport Roads and Buildings Department, A.P. Secretariat Buildings Mandal, Amaravathi, Guntur District Thullur 2. The Deputy Transport Commissioner Transport Authority, Kakinada, Andhra Pradesh State 3. The Motor Vehicles Inspector, Kakindada, Andhra Pradesh State. and Secretary, Regional ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ may or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2 nd respondent m insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. PY04A2984 the 3 seized on 09.01.2025 by respondent by issuing Challan No. AP250290250109085525 demanding tax and fine rd as illegal, arbitrary and contrary to law and consequently direct the respondents to release the vehicle of the forthwith. petitioner OF 2025 petition under Section 151 CPC praying that in the circumstances . affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the Petitioner’s bearing No. PY04A 2984 seized on 09.01.2025 by the respondent by issuing Challan No. AP250290250109085525 demanding tax and fine forthwith to the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI. B SIVARAMAKRISHNAIAH Counsel for the Respondent No’s. 1 to 3: GP FOR TRANSPORT The Court made the following ORDER: cf» APHC010093882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4880/2025 Between: ...PETITIONER Tirumala Cabs, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others 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 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 No.PY04A2984 seized on 09.01.2025 by the 3'"^ respondent by issuing Challan No.AP250290250109085525 demanding tax and fine as illegal arbitrary and contrary to law and consequently direct the respondents 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 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 3. \ check report dated 09.01.2025. 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, it is appropriate and reasonable to direct the respondent authorities to release ^ 2000 (4) ALD 501 = 2000 (4) ALT 4+68 the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the respondents, pending the enquiry. 5. Accordingly, the Writ Petition is disposed of with the following directions; i) The Respondents shall release the vehicle bearing No.PY 04 A 2984 seized pursuant to the Vehicle Check report dated 09.01.2025 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 payment, 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) The petitioner undertakes to submit fitness certificate afresh in respect of the vehicle bearing No.PY 04 A 2984 within a period of two weeks from the date of release of the vehicle. As a sequel miscellaneous application, pending, if any, shall also stand dosed. receipt acknowledging the SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal secretary. Transport Roads and State of Andhra Pradesh, A.P. Secretariat Buildings Amaravathi, Guntur District 2. The Deputy Transport Commissioner Transport Authority, Kakinada, Andhra Pradesh State 3. The Motor Vehicles Inspector, Kakindada, Andhra 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 Buildings Department, Thullur Mandal, and Secretary, Regional Pradesh State PRK HIGH COURT DATED:25/02/2025 ORDER WP.No.4880 of 2025 I 0 6 MAR 2025 Current Section . i DISPOSING OF THE W.P. WITHOUT COSTS