APHC010168322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8521/2026 Between:

1. K AVERI TOURS AND TRAVELS, REP BY ITS MANAGING PARTNER, SRI S. MADHU, S/O. ANANDA RAO, AGED ABOUT 39YEARS,OCC BUSINESS, R/O. H NO. 125, MIDDLE P WD COLONY, KOHIMA, NAGALAND STATE 797001. PERMANENT DIBBALA ROAD, 4-347, ONGOLE PRAKASHAM DISTRICT ANDHRA PRADESH.

...PETITIONER AND

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

2. T HE DEPUTY TRANSPORT COMMISSIONER, REGIONAL TRANSPORT AUTHORITY, CHITTOOR, CHITTOR DISTRICT, ANDHRA PRADESH STATE.

3. T HE MOTOR VEHICLES INSPECTOR, PUNGANOOR, CHITTOOR 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 topleased to issue a writ or 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 a condition for release of the petitioner vehicle bearing No. NL01B 2621 seized on 27.03.2026 by the 3rd respondent by issuing Challan No. AP 203712260327230028 demanding tax and penalty of Rs. 4,43,000/- and also compounding fee without conducting any 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 may be pleased to direct the 2nd respondent to release the vehicle of the petitioner vehicle bearing No. NL01B 2621 seized on 27.03.2026 by the 3rd respondent by issuing Challan No. AP 203712260327230028 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:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8521 of 2026

ORDER

Heard learned counsel for the petitioner and the learned Government Pleader for Transport and perused the material available on record.

2) Having heard the respective counsels and upon perusal of the material available on record, it is an admitted fact that the petitioner is plying the vehicle without having valid tax payment and without permit, as such the respondent No.3 seized the vehicle on 27.03.2026.

3) However, considering the facts and circumstances of the case and in the light of the law laid down by the Division Bench of this Court in a decision reported in Saleem Tours and Travels vs. Joint Transport Commissioner and Secretary, 2000(4) ALD 501 = 2000 (4) ALT 468, in our considered opinion, it is appropriate and reasonable to direct the respondent authorities to release the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the respondents, pending the enquiry.

4) Accordingly, the writ petition is disposed of, with the following directions:

(i) The Respondents shall release the vehicle bearing No.NL 01 B 2621 sized on 27.03.2026 to the petitioner on condition of paying 50% of the tax along with compound fees as on 31.03.2026 and on producing demand draft or receipt acknowledging the 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.

5) There shall be no order as to costs.

As a sequel, miscellaneous petitions, i