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Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : 01.07.2026 APHC010329342026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17244/2026 Between:
1. KANDIMALLA SARATH, S/O. SINGAIAH, AGED ABOUT 44 YEARS, OCC BUSINESS, R/O. H NO. 3-43, YERAJERLA PRAKASHAM DISTRICT. ANDHRA PRADESH STATE.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY. TRANSPORT ROADS AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT BUILDINGS, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT 522237
2. THE DISTRICT TRANSPORT OFFICER, TIRUPATHI, CHITTOOR DISTRICT ANDHRA PRADESH STATE. 517001
3. THE MOTOR VEHICLES INSPECTOR, TIRUPATHI, CHITTOOR DISTRICT ANDHRA PRADESH STATE. 517001
...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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2ND
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respondent in insisting to pay the tax and penalty as a condition for release of the petitioner vehicle bearing No. AR06B7828 seized on 27.06.2026 by the 3RD respondent by issuing Challan No. AP250219260627113825 demanding tax and penalty of Rs. 4,69,000/- without issuing any check report or enquiry as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith by accepting the tax as per GOMs No. 285 dated 15.09.1984 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 to direct the 2nd respondent to release the vehicle of the petitioner vehicle bearing No. AR06B7828 seized on 27.06.2026 by the 3rd respondent by issuing Challan No. AP250219260627113825 forthwith by accepting the tax as per GOMs No. 285 dated 15.09.1984 pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. B SIVARAMAKRISHNAIAH Counsel for the Respondent(S):
1. GP FOR TRANSPORT The Court made the following:
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ORDER:
To declare the action of the 2nd respondent in insisting to pay tax and penalty of Rs.4,69,000/- issued vide Challan No.AP250219260627113825 as a condition to release the petitioner’s vehicle bearing No.AR06 B 7828 seized on 27.06.2026 by the 3rd respondent without issuing any check report or enquiry, as illegal and arbitrary, the present writ petition is filed.
2. Heard Sri B.Siva Rama Krishnaiah, learned counsel for the petitioner and Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents.
3.
Learned counsel for the petitioner and learned Assistant Government Pleader for Transport collectively submitted that similar issue as in this writ petition has already been dealt with by a Coordinate Bench of this Court in writ petition vide W.P.No.24887 of 2025 and the same was disposed of on 16.09.2025 and the present writ petition is squarely covered by the order in that writ petition, accordingly, prayed to pass similar orders.
4. Taking their submissions into consideration, this Court is inclined to dispose of the writ petition in terms of the order passed in W.P.No.24887 of 2025 dated 16.09.2025.
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“The Petitioner is directed to comply with G.O.Ms.No.285, TR&B (Tr-II) dated 15.09.1984, and also to pay the compounding fee as stated in the Challan No.AP250219260627113825 dated 27.06.2026.
Further, upon compliance with the directions of this Court, the District Transport Commissioner and Secretary shall be obligated to release the Vehicle bearing No.AR06 B 7828 forthwith.”
5. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________
JUSTICE RAVI CHEEMALAPATI
Date: 01st July, 2026
Note: Issue C.C. by today i.e., 01.07.2026
B/o
RKS
Whether the order is: Speaking
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