ORDER:

The present writ petition is filed under Section 226 of the Constitution of India for the following reliefs:

“…to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the 2nd respondent in not releasing the petitioners Contract Carriage Vehicle bearing R.No.AP-27-Y-7647 (exhibiting vehicle R.Number AP-27-Y-7717) seized under Vehicle Check Report No.AP037/MAR2021/009629 dated 08.03.2021 by the 4th respondent as per law laid down by the Honble High Court as illegal arbitrary unjust and consequently direct the 2nd respondent to forthwith release the petitioner’s Contract Carriage Vehicle R.No.AP-27-Y-7647 (exhibiting vehicle R.Number AP-27-Y-7717), in the interest of justice and pass …”

The case of the petitioner, in brief, is that the petitioner is the registered owner of contract carriage vehicles bearing Nos.R.No.AP- 27-Y-7177 and R.No.AP-27-Y-7647 and they are registered on the rolls of the respondent No.2 and covered by valid documents. The vehicle bearing No. AP-27-Y-7647 is covered by valid District wide contract carriage permit No.P.C:AP016/19472/PC/2016 valid upto 29.11.2021 and authorized to ply in the entire Krishna District and the vehicle bearing No. AP-27-Y-7177 is covered by valid State wide contract carriage permit No.P.C:AP016/10617/PC/2020 valid upto 15.12.2015 authorized to ply in the entire State of Andhra Pradesh. On 27.03.2020, due to heavy debts in the petitioner business in view of Covid-19 pandemic, the petitioner completely stopped utilizing his contract carriage vehicle bearing R.No.AP-27-Y-7647 and on the same day, petitioner approached the respondent No.2 for submitting the stoppage report in Application No.462100/31/2020/800, dated 27.03.2020. Thereafter, the said vehicle continued lying in the stoppage condition, without any usage. It is the further case of the petitioner that on 05.03.2021, the petitioner has undertaken body painting works in respect of his both contract carriage vehicles which was kept under stoppage and which was under usage. While doing so, the workshop mechanic and his staff members have mistakenly done stickering works. It is the further case of the petitioner that the petitioner’s state wide contract carriage vehicle bearing R.No.AP-27-Y-7717 was engaged by a tourist party at Guntur for attending a marriage function at Eluru, West Godavari District. On 08.03.2021, in the evening hours, the driver of the vehicle picked up the contract carriage vehicle bearing R.No.AP-27-Y-7647, which was kept under stoppage and mistakenly stickered by the workshop mechanic with registration number AP-27-Y-7717 on the registration number plates of vehicle. It is further case of the petitioner is that when the vehicle reached the limits of West Godavari District along with the members of the tourist party at late night, the respondent No.4 stopped the said vehicle for checking and enquired regarding the whereabouts of the vehicle and passengers travelling in the vehicle. On demand, all the documents of the vehicle bearing R.No.AP-27-Y-7717 were shown to the checking officer. The respondent No.4 checked the engine number and chassis number of the vehicle and stated that the registration number of the vehicle is not tallying with the engine number and chassis number of the vehicle. The respondent No.4 highhandedly prepared vehicle check Report No.AP037/MAR2021/009629 dated 08.03.2021 alleging that the vehicle is plying exhibiting false/fake registration number and without documents of the vehicle and forcibly obtained the signatures of the driver of the vehicle on empty white papers. Immediately after seizure of the vehicle, the petitioner approached the respondent No.2 and requested for release of his vehicle. Then the respondent No.2 orally informed the petitioner that his vehicle shall not be released except under court orders. Thereafter, the petitioner constrained to send petition dated 30.04.2022 addressed to the respondent N