APHC010006262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 366/2025 Between:

Jagan Travels ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS

2. GP FOR HOME The Court made the following:

O R D E R:

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

2. It is the case that, the Assistant Motor Vehicle Inspector, Narasaraopet had stopped and checked the vehicle contract carriage bus bearing registration No.NL 07 B0953 and found certain irregularities viz., (1) documents not produced and (2) other state AIT plying without tax. Since All Indian Tourist Contract Carriages of other state covered by authorizations to ply in Andhra Pradesh, the Motor Vehicles Tax shall be collected in advance at the border check posts at the time of first entry into A.P. State. Challans were made out in respect of same contract carriage bus during the Quarter Ending 31.12.2024. Since it was proved that the vehicle as put to use in the State of Andhra Pradesh on different occasions in the same quarter, the 2^nd respondent/District Transport Officer, Palnadu District, vide Letter R.No.7/A1*2025 dated 09.01.2025 imposed tax and penalty of Rs.5,54,000/- on the petitioner. Hence the writ petition.

3. Learned counsel for the petitioner would submit that, since the vehicle seized is movable property, if the same is kept under custody without using, the vehicle will suffer technical damages and requested to release the vehicle. 4. On the other hand, learned Government Pleader for Transport while supporting the proceedings issued by the 2^nd respondent, requested to pass appropriate orders.

5. Having heard the respective counsel and upon perusal of the material available on record, Contract Carriage Bus bearing Registration No.NL 07 B 0953 is seized by the 2^nd respondent on the ground that certain documents were not produced and the vehicle being other state vehicle, is plying without tax.

6. It is true that, if the vehicle is kept under the custody of the respondents without using the same, the vehicle will not only be subjected to sun and rain, but also suffers technical damages. Hence, the petitioner shall pay an amount of Rs.4,00,000/- (Rupees Four Lakhs Only) towards tax and penalty to the respondent under proper acknowledgment and upon receipt of the same, the 2^nd Respondent shall release the vehicle bearing No.NL07B0953 in favour of the petitioner immediately.

7. With the above direction, writ petition is disposed of. There shall be no order as to costs.

8. As a sequel, miscellaneous petitions, if any pending, shall stand closed.

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JUSTICE VENKATESWARLU NIMMAGADDA

10.01.2025 Note: copy by 16.01.2025 b/o SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 366/2025

10.01.2025 Note: copy by 16.01.2025 b/o SP