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 NIMMAGAdS WRIT PETITION NO: 4875 OF 2025 Between: Jrumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddv Business, R/o. Jail Road, Kohima, Nagaland State. ...PETITIONER AND 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, Guntur, District, Andhra Pradesh State 3. The Motor Vehicles Inspector, Guntur, 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 be pleased 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 may nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioner’s bearing No. NL01B 2974 seized on 16.01.2025 by the respondent by issuing Challan No. AP203590250116213018 demanding tax and fine as illegal, arbitrary and contrary to law and consequently direct the respondents 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 writ petition, the High Court may be pleased to direct the respondents to release the Petitioners bearing No. NL01B 2974 seized on 16.01.2025 by the 3'^'^ respondent by issuing Challan No. AP203590250116213018 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 Respondents: GP FOR TRANSPORT The Court made the following: ORDER KJ APHC010093902025 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: 4875/2025 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 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 Petitioners 18.01.2025 by the 3^^ respondent by bearing No.NL 01B 2974 seized by issuing Challan NO.AP203590250116213018 demanding tax and fine as illegal arbitrary and contrary to law and consequently direct the respondents release the vehicle of the petitioner forthwith and pass such other order.” 2. Heard the learned counsel for the petitioner and learned Government Pleader for Transport appearing for respondent Nos.1 to 3. 3. Having heard the respective counsels and upon perusal of the L 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 16.01.2025. 4. 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 1 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. Accordingly, the Writ Petition is disposed of with the following 5. directions: The Respondents shall release the vehicle bearing No.NL 01 B 2974 seized pursuant to the Vehicle Check report dated 16.01.2025 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 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 i) ii) also stand closed. Sd/- U.SRI DEVI ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To, 1. The principal secretary. Transport Roads and Buildings Department State of Andhra Pradesh, A.P. Secretariat Buildings, Thullur Mandal’ Amaravathi, Guntur District. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Guntur, District, Andhra Pradesh State. The Motor Vehicles Inspector, Guntur, Andhra Pradesh State. One CC to Sri B. Sivaramakrishnaiah, Advocate [OPUC] Two CCs to GP for Transport, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 2. 3. 4. 5. 6. Cnr t HIGH COURT DATED:25/02/2025 ORDER fx 0 6 MAR 2I)’5 llo^ . Curreni oeciion ^ WP.No.4875 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS