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2026 DAILYLAW 2165 (AP)

ADITYA LOGISTIC v. THE STATE OF ANDHRA PRADESH

WP/13202/2026 · 2026-05-05

Tarlada Rajasekhar Rao

body2026

Judgment text

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APHC010247122026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13202/2026 Between: 1. ADITYA LOGISTIC, 3 PRASHANTHINILAYAM, ANANTAPUR, ANDHRA PRADESH 515134, REP. BY VARPULAVIJAYASAI NAIDU, S/O V.THAMMAIAH NAIDU, 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS (TR.I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE NO. 522237. 2. THE DEPUTY TRANSPORT COMMISSIONER AND SECRETARY, REGIONAL TRANSPORT AUTHORITY, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH, PIN CODE NO. 518502. 3. THE MOTOR VEHICLE INSPECTOR, NANDYAL, O/O DTO NANDYAL DISTRICT. ANDHRA PRADESH, PIN CODE NO.518502 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 an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus declaring the action of the 2 insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioner's bearing No.AR06B8146 vide vehicle Challan of No. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13202/2026 ADITYA LOGISTIC, 3-487, SAMATHI ROAD, PUTTAPARTHI, PRASHANTHINILAYAM, ANANTAPUR, ANDHRA PRADESH 515134, REP. BY VARPULAVIJAYASAI NAIDU, S/O V.THAMMAIAH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS (TR.I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE NO. 522237. THE DEPUTY TRANSPORT COMMISSIONER AND SECRETARY, REGIONAL TRANSPORT AUTHORITY, NANDYAL, NANDYAL STRICT, ANDHRA PRADESH, PIN CODE NO. 518502. THE MOTOR VEHICLE INSPECTOR, NANDYAL, O/O DTO NANDYAL DISTRICT. ANDHRA PRADESH, PIN CODE NO.518502. ...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 issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus declaring the action of the 2nd respondent in ax and penalty as the condition for release of the vehicle of the Petitioner's bearing No.AR06B8146 vide vehicle Challan of No. IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO 487, SAMATHI ROAD, PUTTAPARTHI, PRASHANTHINILAYAM, ANANTAPUR, ANDHRA PRADESH - 515134, REP. BY VARPULAVIJAYASAI NAIDU, S/O V.THAMMAIAH ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS (TR.I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE NO. 522237. THE DEPUTY TRANSPORT COMMISSIONER AND SECRETARY, REGIONAL TRANSPORT AUTHORITY, NANDYAL, NANDYAL THE MOTOR VEHICLE INSPECTOR, NANDYAL, O/O DTO NANDYAL ...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 issue an appropriate writ, order or direction more particularly one in respondent in ax and penalty as the condition for release of the vehicle of the Petitioner's bearing No.AR06B8146 vide vehicle Challan of No. 2 AP203899260425061836 dated 25.04.2026 demanding tax and fine of Rs. 2,71,000/- and also compounding fees of Rs. 10,000 as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass IA NO: 1 OF 2026 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 pleased to direct the 2nd respondent to release the vehicle of the Petitioner’s bearing No. AR06B8146 ide vehicle Challan No.AP203899260425061836 dated 25.04.2026 seized by the 3rd respondent forthwith to the petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. E MARUTHI RAJA Counsel for the Respondent(S): 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13202 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “…pleased to issue an appropriate writ order or direction more particularly one in the nature Writ of Mandamus declaring the action of the 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the petitioner’s bearing No.AR06B8146 vide vehicle Challan No.AP203899260425061836 dated 25.04.2026 demanding tax and fine of Rs.2,71,000/- and also compounding fees of Rs.10,000/- as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass such other order or orders …” 2. Heard Sri Maruthi Raja, learned counsel for the petitioner and learned Government Pleader for respondents. 3. The present writ petition is filed aggrieved by the act of the respondents insisting to pay tax and penalty as the condition for release of the vehicle of the petitioner bearing No.AR06B8146 vide vehicle Challan No.AP 203899260425061836 dated 25.04.2026 demanding tax and fine of Rs.2,71,000/- and also compounding fees of Rs.10,000/-. 4. The learned counsel for the petitioner submits that the issue is in the present writ petition is covered by the order in W.P.No.36615 of 2022 and also covered by order in W.P.No.19503 of 2020, in which it was held that the 4 vehicles seized for non-payment of tax etc., should be released at the earliest, in view of the earlier judgment of the Division Bench of this Court in Saleem Tours and Travels Vs.Joint Transport Commissioner and Secretary R.T.A., Hyderabad and another. 5. Following the said judgment, the writ petition is disposed of, directing the respondents to release the tourist vehicle (sleeper bus) bearing registration No.AR06B8146 forthwith pending enquiry, seized the vehicle of the petitioner, on condition of petitioner paying a sum of Rs.1,15,000/- (Rupees one lakh fifteen thousand only) and compound fee of Rs.10,000/- (Rupees ten thousand only) on producing the demand draft or receipt to that effect. He shall also file an undertaking to the effect that he shall produce the vehicle as and when required for enquiry and that he shall not alienate the same, in the meanwhile. No order as to costs. Miscellaneous petitions, pending, if any, in this case shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.05.2026 GRL 5 206 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13202 of 2026 Date: 06.05.2026 GRL