APHC010651232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

THURSDAY, THE SEVENTEEN DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 33743/2025 Between:

1. B ODDURU SUDARSANA RAO, S/O. APPALA SWAMY AGED 47 YEARS, OCC- BUSINESS R/O. D. NO. 5-1/8(30), THURAI CHETTU STREET, KRISHNA PART, SRIKAKULAM, SRIKAKULAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT

2. T HE DEPUTY TRANSPORT COMMISSIONER, EAST GODAVARI DISTRICT, RAJAHMUNDRY.

3. T HE REGIONAL TRANSPORT OFFICER, RAJAHMUNDRY, EAST GODAVARI DISTRICT.

4. T HE MOTOR VEHICLES INSPECTOR, RAJAHMUNDRY EAST GODAVARI DISTRICT, ANDHRA PRADESH ...RESPONDENT(S):

Counsel for the Petitioner:

1. THOKA DEVA DEEPAK ANIRUDH YADAV Counsel for the Respondent(S):

1. GP FOR TRANSPORT The Court made the following:

ORAL ORDER:

Heard Sri Thoka Deva Deepak Anirudh Yadav, learned Counsel for the Writ Petitioner and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Transport.

2. Sri Thoka Deva Deepak Anirudh Yadav, learned Counsel for the Writ Petitioner, has drawn the attention of this Court to G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984 (Ex.P.6).

3. On facts, learned Counsel for the Writ Petitioner would submit that the Vehicle bearing No.DD 01 S 9423 was seized by the Official Respondents on

18.08.2025, while it was coming from Hyderabad to Srikakulam.

4. Learned Counsel for the Writ Petitioner further submits that the Vehicle was in transit from Hyderabad, Telangana to its destination at Srikakulam. He would submit that the above Vehicle held an All India Tourist Permit, which was valid from 21.05.2025 up to 20.08.2025 (Ex.P.2). He would further submit that, out of sheer inadvertence, the Petitioner did not notice that the permit had expired. As on the date of seizure at 08:24 hours, on 18.08.2025, the above-mentioned Vehicle did not technically have a valid All India Tourist Permit, as it had expired approximately two days prior to the time of seizure.

5. On the face of it, it appears to the Court that the alleged violation was not deliberate but occurred due to inadvertence. It is also the opinion of this Court that the present case is covered by G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984 (Ex.P.6).

6. Having regard to the same, this Court is of the opinion that it would be appropriate to dispose of this Writ Petition with a direction to the Writ Petitioner to comply with G.O.Ms.No.285, T, R & B (Tr-II), dated 15.09.1984 (Ex.P.6), and also to pay the compounding fee as stated in the Challan dated

18.08.2025, issued at 08:24 hours (Ex.P.1). There shall be a further direction that the Deputy Transport Commissioner, Rajamundry, East Godavari District (Respondent No.2) shall be obligated to release the Vehicle bearing No.DD 01 S 9423 forthwith upon compliance with the directions of this Court.

7. At this stage, in order to put the facts straight, it becomes necessary to take note of the averments made in Para 6 of the Affidavit filed in support of the Writ Petition. It is stated in the said paragraph that the Petitioner owns two Tourist Vehicles bearing Registration Nos.DD 01 Q 9187 and DD 01 S 9423, and the said vehicles are plying as Contract Carriages.

8. It is further submitted that the Vehicle bearing Registration No. DD 01 S 9423 met with an accident on 14.08.2025, and the front portion of the said Vehicle was badly damaged. This vehicle was kept in a mechanic shed for repairs at Miyapur, Hyderabad. The other Vehicle belonging to the Petitioner, bearing Registration No.DD 01 Q 9187, was also kept at the same garage for the repair purpose. The workmen in the garage mistakenly interchanged/mixed up the front number plates, and the driver of the Vehicle No. DD 01 S 9423 took the said Vehicle from the shed and proceeded for the trip without not