IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5451 OF 2Q2fi Between: Tayyab Khan, S/o. Kalu Khan, Aged 55 years, Occ Business, R/o. Jhhitredi Teh Nagar, Bharatpur, Rajasthan - 321205. ...PETITIONER AND 1. The State of Andhra Pradesh,, Represented by its Principal Secretary, Revenue (Commercial Taxes-1) Department, Secretariat at Velagapudi Amaravati, Guntur District. 2. The Chief Commissioner, State Taxes Department, Kunchanapalli, Guntur District. 3. The Joint Commissioner, State Taxes Department, Vijayawada-I Division, Krishna District. 4. The Assistant Commissioner, State Taxes Department, Ibrahimpatnam Circle, Vijayawada, Krishna District. 5. The Deputy Assistant Commissioner, State Taxes Department (ST) -1 Ibrahimpatnam Circle, Vijayawada Division, Vijayawada, Krishna District. ...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 any writ or direction more particularly a writ may in the nature of WRIT OF MANDAMUS declaring the action of respondents in # seizing the vehicle of the petitioner bearing Registration No. RJ 05 GC . 0912, without affording the petitioner an opportunity, without following the , due process of law as illegal, arbitrary, unconstitutional ' < violative of Principles of Natural Justice, Article 14, 21 and 300-A of the Constitution of India, consequently direct the respondents herein to release of the vehicle of the petitioner bearing Registration No.RJ 05 GC 0912. 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 respondents to release of the vehicle of the bearing Registration No. RJ 05 GC 0912, pending disposal of the above writ petition. petitioner Counsel for the Petitioner: SRI JETTI SANTHI KIRAN Counsel for the Respondent Nos.1 to 5: GP FOR COMMERCIAL The Court made the following: ORDER TAX APHC010107442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] 0^® WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5451/2025 Between: Tayyab Khan ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.JETTI SANTHI KIRAN Counsel for the Respondent(S): 1.GP FOR COMMERCIAL TAX The Court made the following Order: (perHon’ble Sri Justice R. Raghunandan Rao) The petitioner is the owner of a Lorry bearing Registration No.RJ 05 GO 0912. The said vehicle, while transporting granite slabs from Bapatia to Odisha, was seized by the respondent, on 22.01.2025. Apart from this, the 5**^ respondent, had also seized the granite slabs, which have been transported in the said vehicle, on the ground that, a proper E-Way Bill was not available. The petitioner had approached the 5'^ respondent for release of the vehicle. As the same was not being acceded, the petitioner has approached this Court, by way of the present Writ Petition. 2 FtRRJ & Dr.KMR,J V\/.P.No.5451 of 3025 attention of 2. Learned counsel appearing for the petitioner would draw the this Court to a judgment, dated 03.08.2023, of in W.P.No.15481 of 2023 & batch. In the a Division Bench of this Court, said judgment, a Division Bench of this Court, after following order; considering a similar situation was pleased to pass the 17. si; favour of r' petitioner on his deposfof 2T0/ nf fn the detamed goods in personal bond for the balance enH <,hcii ^^iue and executing of the 2'^’^ petitioner in the respective writ pet fLlotTUi^xVT'T^ security bonds for the value of the vehiniJ^ executing persona! Transport Authority nTcosIs " ^ determined by concerned Road 3. In that view of the matter, this Writ Petition i the said order, with favour of the petitioner. IS disposed of, in terms of release the vehicle in value of concerned Road Transport Authority shall be no order as to costs. a direction to the 5"^ respondent to on execution of personal security bond for the the vehicle has been determined by the within a period of one (01) week. There As a sequel, pending miscellaneous applications, if any, shall stand closed. // Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR ./ //TRUE COPY// fr yrr ' SECTION OFFICER 1. The Principal Secretary, Revenue (Commercial Taxes-1) Department, State of Andhra Pradesh. Secretariat at Velagapudi, Amaravati District. 2. The Chief Commissioner, State Taxes Department, Kunchanapalli, Guntur District. 3. The Joint Commissioner, State Taxes Department, Vijayawada-I Division, Krishna District. To, , Guntur The Assistant Commissioner, State Taxes Department, Ibrahimpatnam Circle, Vijayawada, Krishna District. The Deputy Assistant Commissioner, State Taxes Department (ST) -1 Ibrahimpatnam Circle, Vijayawada Division, Vijayawada, Krishna District. One CC to Sri Jetti Santhi Kiran, Advocate [OPUC] Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh. [OUT] Three CD Copies. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:05/03/2025 ORDER WP.No.5451 of 2025 ANDfi^ & 1S MAR 2025 •ja: cnlg ! ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS