I I 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: 4878 OF 2025 Between: M. Sunil Kumar, S/o. Devendra Reddy, Aged about 47 Years, Occ: Business, R/o. A Sector near Helipad Road, PO/ PS- Naharlagun, Papum Pare, Arunachal Pradesh-791110. ...PETITIONER AND 1. The State of AP, rep by its 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, Ibrahimpatnam, 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 2'^'^ respondent In Insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No.AR02 3642 seized under vehicle Check Report No. API 97244250110061509 dated 10.01.2025 as illegal, arbitrary and contrary to law and consequently direct the 2^^ 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 writ petition, the High Court may be pleased to direct the 2'^'^ respondent to release the Petitioners bearing No.AR023642 seized under vehicle Check Report No. API97244250110061509 dated 10.01.2025 seized by the respondent 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 / / APHC010093872025 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: 4878/2025 Between: ...PETITIONER M Sunil Kumar AND ...RESPONDENT(S) The State Of Ap 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 Petitioner’s bearing registration No.AR 02 3642, by issuing Challan bearing No. AP197244250110061509 seized on 10.01.2025, demanding tax and fine and penalty of Rs. 2,77,000/- and also compounding fee of Rs. 10,0007- 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.” 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 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 10.01.2025. 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 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, AR 02 3642 seized pursuant to the Vehicle Check report dated 10.01.2025 to the petitioner on condition of paying 50% of the tax along with the compound fees as on today and 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. on ii) T 2000 (4) ALD 501 = 2000 (4) ALT 4+ 68 Sd/- U.SRI DEVI ASSISTANT^REGISTRAR cmS^OFFICER //TRUE COPY// SE To, 1. The Principal Secretary, Transport Roads and Buildings Department, State of AP, rep by its A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District. The Deputy Transport Commissioner, Regional Transport Authority, Vijayawada, NTR District Andhra Pradesh State. 3. The Motor Vehicles Inspector, Ibrahimpatnam, 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 C.D. Copies. 2. HIGH COURT DATED;25/02/2025 ORDER WP.No.4878 of 2025 g 0 6 MAR 2025 ^ , Curront Section . M DISPOSING OF THE W.P. WITHOUT COSTS