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2026 DAILYLAW 26496 (AP)

MOR TRAVELS v. THE STATE OF AP

WP/33141/2025 · 2026-03-09

Tarlada Rajasekhar Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010638062025 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: 33141/2025 Between: 1. MOR TRAVELS, REP. BY ITS PROPRIETOR, KATTA GANA SRINU, S/O.KATTA MALLIKARJUNA RAO, AGED ABOUT 35 YEARS, OCC BUSINESS, R/O. A-280, WEAKER SECTION COLONY, SAHEB NAGAR, VANASTALPURAM, HAYATNAGAR, TELANGANA 500070, PRESENTLY RESIDING AT RAJAT RANJAN KHATUA, SAI PRIYA NAGAR, 1ST LANE, RAYAGADA - 765001, ODISHA. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE TRANSPORT COMMISSIONER, PANDIT NEHRU BUS TERMINAL, VIJAYAWADA, N.T.R.DISTRICT, (ERSTWHILE KRISHNA DISTRICT). 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY (RT AND H), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT 2 STREET, NEW DELHI-110001 R3 IS SUO MOTU IMPLEADED AS PER COURT ORDER DT.01.12.2025 ...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 respondent authorities in threatening to seize the petitioners vehicles bearing registration Nos. OD18N 1166 and OD18N 1199 on the ground of alleged alteration of seats during inspections as illegal, arbitrary, contrary to law, improper, and violative of the principles of natural justice, besides being in violation of Articles 14, 19(1)(g), and 21 of the Constitution of India and consequently direct the respondents not to take any coercive steps against the petitioners vehicles on the said ground and pass 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 respondent authorities not to take any coercive action, including seizure, detention, or cancellation of fitness certificates against the petitioners' vehicles bearing registration Nos. OD18N 1166 and OD18N 1199 on the ground of alleged "alteration of seats", pending disposal of main writ petition and pass Counsel for the Petitioner: 1. SULTANA SHAIK Counsel for the Respondent(S): 1. Pasala Ponna Rao,DEPUTY SOLICITOR GENERAL OF INDIA 2. GP FOR TRANSPORT 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 33141/2025 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 respondent authorities in threatening to seize the petitioner vehicles bearing registration Nos.OD18N 1166 and OD18N 1199 on the ground of alleged „alteration of seats‟ during inspections as illegal, arbitrary, contrary to law improper, and violative of the principles of natural justice besides being in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents not to take any coercive steps against the petitioners vehicles on the said ground and pass…” 2. The writ petition is filed aggrieved by the action of the respondents in threatening to seize the petitioner’s vehicles bearing Nos. OD18N 1166 and OD18N 1199, on the ground of alleged “alteration of seats” during inspection. It is asserted in the affidavit that the said vehicles are covered by valid All India Tourist Vehicles (Permits) Rules, 2023 duly paying permit fee for each vehicle with validity of 90 days and possess valid fitness certificates. 3. This Court, vide order dated 14.11.2025, issued a direction to the respondent authorities to release the vehicle bearing registration Nos.OD18N 1166 and OD18N 1199 within twelve 4 hours from the 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 6 222 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 33141/2025 Date: 10.03.2026 ANS