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2026 DAILYLAW 2700 (AP)

Syed Shahid, v. The State of Andhra Pradesh

WP/15048/2026 · 2026-05-27

Y Lakshmana Rao

body2026

Judgment text

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1 APHC010287632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 15048/2026 Between: 1. SYED SHAHID,, S/O. SYED SAYEED AHMED AGED ABOUT 25 YEARS, OCC BUSINESS, R/O. NO. 51, 1ST CROSS, LIC COLONY JAYANAGAR 3RD BANGALORE SOUTH BENGALURU KARNATAKA -560011. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS (TR.I) DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE.- 522237 2. THE DEPUTY TRANSPORT COMMISSIONER AND SECRETARY REGIONAL TRANSPORT AUTHORITY, NANDYAL, NANDYAL DISTRICT ANDHRA PRADESH STATE 518501 3. THE MOTOR VEHICLE INSPECTOR NANDYAL, O/O DTO NADYAL DISTRICT, ANDHRA PRADESH STATE. ...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 tomay be pleased to issue an appropriate writ, order or direction more particularly one in the nature of 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 Petitioners bearing No. NL 01 B 6577 vide 2 vehicle Challan No. AP203899260525181928 dated 25.05.2026 demanding tax and fine of Rs. 2,89,000/- 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 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 may be pleased to direct the 2nd respondent to release the vehicle of the Petitioners bearing No. NL01B6577 by issuing vide vehicle Challan No. AP203899260525181928 dated 25.05.2026 seized by the 3rd respondent forthwith to the petitioner pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. E MARUTHI RAJA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS The Court made the following: 3 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2ndrespondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No.NL 01 B 6577 vide vehicle Challan No.AP203899260525181928 dated 25.05.2026 demanding tax and fine of Rs.2,89,000/- and also compounding fees of Rs.10,000/- as illegal, arbitrary and contrary to law and consequently direct the 2ndrespondent to release the vehicle of the petitioner forthwith and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. It is an admitted position that the petitioner is claiming release of vehicle which was plying without paying the valid tax and permit. Therefore, the 3rd respondent has seized the vehicle bearing Registration No.NL 01 B 657 on 25.05.2026. 4. The learned Division Bench of this Court inSaleem Tours and Travels v. Joint Transport Commissioner and Secretary1 directed the respondent authorities to release the vehicle in favour of the petitioner by imposing certain conditions to protect the interest of the respondents, pending enquiry. 5. Accordingly, the Writ Petition is disposed of with the following directions: i. The respondents shall release the vehicle bearing Registration No.NL 01 B 657, seized on 25.05.2026, to the petitioner on condition that the petitioner pays 50% of the tax along with 1 2000(4) ALD 501 = 2000 (4) ALT 468 4 compound fees as on 31.05.2026 and on producing the demand draft or receipt acknowledging such payment. ii. The petitioner shall submit an undertaking to the effect that the subject vehicle will be produced as and when required for enquiry and that the same would not be alienated, pending enquiry. 6. In the result, the Writ Petition is disposed of. No order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.05.2026 Note: Issue CC by 29.05.2026. B/o. SCH 5 29 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.15048 of 2026 Date: 28.05.2026 Note: Issue CC by 29.05.2026. B/o. SCH