APHC010104662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5418/2025 Between: 1. UTUKURU SAVITRAMMA,, W/O. SESHAIAH, R/O. 98/204, POLUGARI PALLI, CHINTHAKOMMADINNE, UTURKURU, KADAPA, YSR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS COMMISSIONER, TRANSPORT DEPARTMENT, PNBS, VIJAYAWADA. 2. THE DEPUTY TRANSPORT COMMISSIONER CUM RTA, KADAPA,OFFICE AT MOOLAVANKA, APPARAJUPALLE, NH 40, KADAPA, YSR DISTRICT. 3. THE MOTOR VEHICLE INSPECTOR, O/O. THE DEPUTY TRANSPORT COMMISSIONER, KADAPA MOOLAVANKA, APPARAJUPALLE, NH 40, KADAPA, YSR DISTRICT. ...RESPONDENT(S): 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 pleased to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in seizing the vehicle and imposing penalty/fine of Rs.2,58,120/-, and demanding the same without there being an order to that effect by the 2nd respondent, and without following law as illegal, arbitrary and violative of 2 principles of natural justice and consequently direct the respondents to release my vehicle bearing No.AP39 UR 7461 by receiving the Tax amount due of Rs.91,000/- along with Fine of Rs.5,000/- u/s 180 MV Act by excluding the penalty imposed by the 3rd respondent vide Challan NO.AP204014250120125457, dt 20-01-2025 IA 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 respondents to release my vehicle bearing No.AP39 UR 7461 by receiving the Tax amount due of Rs.91,000/- along with Fine of Rs.5,000/- u/s 180 MV Act excluding the penalty imposed by the 3rd respondent vide Challan No.AP204014250120125457, dt:20-01-2025 pending disposal of the Writ Petition in this Hon'ble Court Counsel for the Petitioner: 1. DHARANI KUMAR B Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following: ::ORDER:: Heard Sri B.Dharani Kumar, learned counsel for the petitioner and Sri SK. Abdul Rasheed, learned Assistant Government Pleader for Transport appeared for respondents 1 to 3. 2. The above writ petition is filed impugning the action of the 3rd respondent in seizing the vehicle bearing No.AP39 UR 7461 and imposing a penalty of Rs.2,58,120/-, as illegal and arbitrary. 3. The petitioner purchased a Toyota Innova Hycross (8S) bearing No.AP39 UR 7461 on 17.03.2023 under self-employment scheme under SC/ST category, for running the same, as Taxi. The petitioner failed to pay the quarterly road tax of Rs. 11,375/- for the period from 30.06.2023 to 31.03.2025, which totals Rs. 91,000/- for eight quarters. 3 4. On 20.01.2025, the 3rd respondent stopped and checked the vehicle at Parkruti Nagar, NH 40, Kadapa City limits. The 3rd respondent issued a vehicle check report (Ex.P1) stating the road tax payable was Rs. 91,000/- and the penalty was Rs. 1,82,000/-, with a total of Rs. 2,73,000/-. However, the check report indicated the penalty amount Rs. 2,58,120/-. Upon receipt of the vehicle check report, the petitioner made a representation dated 20.01.2025 to the 2nd respondent, to release the vehicle, and the same was received by the authority on 23.01.2025. However, the 2nd respondent has not released the vehicle. Hence, the petitioner filed the above writ petition. 5. At the hearing, learned counsel for the petitioner would submit that the 3rd respondent is not the competent authority to impose a penalty and the 2nd respondent is the competent authority to impose the penalty. 6. Learned Assistant Government Pleader would submit that Ex.P1 is a vehicle check report and not a demand notice. The Deputy Transport Commissioner is the competent authority to issue demand notices, as per Section 207 of the Motor Vehicles Act, 1988 r/w 448(B) of Andhra Pradesh Motor Vehicles Rules, 1989. He also would submit that the 2nd respondent will issue notice, conduct inquiry and pass appropriate orders by following the Act and Rules. 8. Thus, as seen from the material, there is no dispute regarding the Seizure of the vehicle on 20.01.2025. It is also an undisputed fact that the petitioner failed to pay the quarterly tax payable from 30.06.2023 to 31.03.2025 (eight quarters). Regarding imposing the penalty, the 2nd respondent is the competent authority and the 2nd respondent has to follow procedure i.e., issuing of notice, calling for an explanation and thereafter levying penalty. Keeping the vehicle in the custody of officials, till the conclusion of the proceedings, will cause prejudice to the petitioner. 4 9. At this juncture, learned counsel for the petitioner would submit that the petitioner is ready to pay Rs.91,000/- quarterly tax payable from 30.06.2023 to 31.03.2025. 10. Given the facts and circumstances of the case, without going into the merits of the matter, this Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the learned 3rd respondent to release the vehicle on petitioner’s payment of Rs.91,000/- quarterly tax from 30.06.2023 to 31.03.2025. Thereafter, the 2nd respondent shall initiate steps in terms of Section 207 of the Motor Vehicles Act, 1988 r/w 448(B) of Andhra Pradesh Motor Vehicles Rules, 1989. The petitioner shall not alienate or create any third party qua the vehicle pending further inquiry. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.03.2025 SNI 5 107 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5418 of 2025 Date: 05.03.2025 SNI