APHC010596692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30865/2025 Between: 1. M/S. ASK LOGISTICS,, REP BY ITS PROPRIETOR, ARREPRAGARI SUDHAKAR YADAV, S/O. SANJEEV RAIDU, AGED 50 YEARS, OCC BUSINESS PERMANENT ADDRESS D. NO. 14-9-15, TIRUMAIA RAO STREET, HANUMAN PET, VIJAYAWADA, NTR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 2. THE DEPUTY TRANSPORT COMMISSIONER, GUNTUR DISTRICT, GUNTUR. 3. THE REGIONAI TRANSPORT OFFICER, GUNTUR, GUNTUR DISTRICT. 4. THE MOTOR VEHICIES INSPECTOR, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH 5. THE REGIONAL TRANSPORT OFFICER, VIJAYAWADA, NTR DISTRICT. 2 ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing the petitioner vehicle bearing registration No. AP 39 WD 2388, under the vehicle check report dated. 04.11.2025 vide Challan No. AP203587251104072500, thereby issued Letter. No. 2388/B2/2025, Dated. 04.11.2025 requesting the Registering Authority, Rayagada to cancel the fitness certificate of petitioner's vehicle, even though petitioner Fitness Certificate issued by the 5th respondent on 17.03.025 is valid till 16.03.2027, as highly illegal, arbitrary, contrary to law, improper and violation of principles of natural justice apart from violate of article 14, 19 and 21 of the Constitution of India and consequently set aside the said impugned letter directing the respondent to release the said vehicle 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 pleased to direct the 2nd respondent to release the petitioner's vehicle bearing registration No. AP 39 WD 2388 by suspending the Letter. No. 2388/B2/2025, Dated. 04.11.2025 issued by the 3rd respondent, pending disposal of main writ petition Counsel for the Petitioner: 1. MANIKANTA THOTA Counsel for the Respondent(S): 1. GP FOR TRANSPORT 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30865/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the petitioner vehicle bearing registration No.AP 39 WD 2388 under the vehicle check report dated 04.11.2025 vide Challan No.AP203587251104072500, thereby issued Letter No.2388/B2/2025 Dated 04.11.2025 requesting the Registering Authority Rayagada to cancel the fitness certificate of petitioners vehicle even though petitioner Fitness Certificate issued by the 5th respondent on 17.03.025 is valid till 16.03.2027 as highly illegal, arbitrary, contrary to law improper and violation of principles of natural justice apart from violate of article 14, 19 and 21 of the Constitution of India and consequently set aside the said impugned letter directing the respondent to release the said vehicle and pass…” 2. The writ petition is filed aggrieved by the action of the respondents in seizing the petitioner’s vehicle bearing No. AP 39 WD 2388, basing on the challan report vide challan No.AP203587251104072500, dated 04.11.2025, and thereby issued letter No.2388/B2/2025, dated 04.11.2025, requesting the authority to cancel the fitness certificate issued to the petitioner, though the petitioner’s fitness certificate issued by the 5th respondent on 17.03.2025 is valid till 16.03.2027. 3. This Court, vide order dated 14.11.2025, issued a direction to the respondent authorities to release the vehicle bearing registration No. AP 39 WD 2388 within twelve hours from the 4 date of the order. Subsequently, on 03.02.2026, this Court has directed the petitioner to produce the vehicle before the Deputy Transport Commissioner, Guntur District, within a period of two weeks. On producing such vehicle, the Deputy Transport Commissioner, was again directed to check/verify whether the bus is having the safety norms, as prescribed by the Ministry of Road and Transport and Highways (MoRTH) within two days from the date of producing the vehicle and to certify the same and to place the certificate before this Court on the next date of hearing. 4. Accordingly, the writ petition is listed today and the learned counsel appearing for the Transport Department has furnished the letter dated 21.02.2026, addressed by the Deputy Transport Commissioner, Guntur District, which indicates that the petitioner has not produced the vehicle for physical inspection as directed by this Court to ascertain whether the vehicle is under the norms as prescribed under MoRTH. 5. Learned counsel for the petitioner fairly admitted that the petitioner has not produced the said vehicle before the Deputy Transport Commissioner, Guntur District, and requested to pass appropriate orders. 5 6. As the matter concerns the safety of the public, this Court is directed to produce the vehicle before the Deputy Transport Commissioner, Guntur District, for vehicle verification, to check whether the bus is under the safety norms, as per the safety norms prescribed by the MoRTH. As the petitioner did not produce the vehicle before the Deputy Transport Commissioner, Guntur District, as directed by this Court, the interim order dated 14.11.2025 shall stand vacated. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 10.03.2026 ANS 6 173 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30865/2025 Date: 10.03.2026 ANS