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2026 DAILYLAW 6070 (AP)

KALLEPALLI BALASWAMY GUPTA v. THE STATE OF ANDHRA PRADESH

WP/20305/2026 · 2026-07-23

Ravi Cheemalapati

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010378622026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 24 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20305 OF 2026 Between: 1. KALLEPALLI BALASWAMY GUPTA, S/o. Venkateswara Rao Aged about 34 years Occ. Business, R/o D. No. 150 Board, 4th Phase, Kukkatapalli, Hyderabad, Telangana 1. THE STATE OF ANDHRA PRADESH, Rep by its Pri Transport, Roads and Buildings Department, Secretariat, Amaravathi, Guntur District-522238 2. The Deputy Transport Commissioner, East Godavari District at Rajahmundry-533105 3. The Regional Transport Officer, Rajahmundry, East Godavari 533105 4. The Motor Vehicles Inspector, Rajahmundry, East Godavari District Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may pleased 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20305 OF 2026 1. KALLEPALLI BALASWAMY GUPTA, S/o. Venkateswara Rao Aged about 34 years Occ. Business, R/o D. No. 150-8 LIG-KPHB, Kukkatapalli Housing Board, 4th Phase, Kukkatapalli, Hyderabad, Telangana AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, Transport, Roads and Buildings Department, Secretariat, Amaravathi, Guntur 2. The Deputy Transport Commissioner, East Godavari District at 3. The Regional Transport Officer, Rajahmundry, East Godavari 4. The Motor Vehicles Inspector, Rajahmundry, East Godavari District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may pleased 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 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 1. KALLEPALLI BALASWAMY GUPTA, S/o. Venkateswara Rao Aged about KPHB, Kukkatapalli Housing ...Petitioner ncipal Secretary, Transport, Roads and Buildings Department, Secretariat, Amaravathi, Guntur 2. The Deputy Transport Commissioner, East Godavari District at 3. The Regional Transport Officer, Rajahmundry, East Godavari District- 4. The Motor Vehicles Inspector, Rajahmundry, East Godavari District-533101 ...Respondents 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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing the 2 petitioners vehicle bearing registration No. AP 02 TC 9747, under the vehicle check report dated. 04.07.2026 vide Challan No.AP204210260704083951 and demanding for payment of tax and penalty along with compounding fee total of Rs. 2,92,000/- for release of the said vehicle, contrary to G.O.Ms No. 285 of 1984, as highly illegal, arbitrary, contrary to law and violation of principles of natural justice apart from violate of article 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the respondents to release the said vehicle 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 petitioners vehicle bearing registration No. AP 02 TC 9747 forthwith, pending disposal of main writ petition and pass Counsel for the Petitioner: MULLA SOHAIL SHAREEF Counsel for the Respondents: 3 The Court made the following order: Aggrieved by the action of respondents in seizing the petitioner’s vehicle bearing registration No.AP 02 TC 9747 under the vehicle check report dated 04.07.2026 vide Challan No.AP204210260704083951 and demanding for payment of tax and penalty along with compounding fee total of Rs.2,92,000/- for release of the said vehicle, the present Writ Petition is filed. 2. Learned counsel for the petitioner and learned Assistant Government Pleader for Transport Department 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 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 Writ Petition No.24887 of 2025 dated 16.09.2025. “i) 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.AP204210260704083951. ii) Further, upon compliance with the directions of this Court, the District Transport Commissioner and Secretary shall be 4 obligated to release the vehicle bearing registration No.AP 02 TC 9747 forthwith.” 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 24.07.2026 C.C today MP 5 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.20305 of 2026 Dated: 24.07.2026 MP