APHC010026722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1424/2025 Between:

Tirumala Cabs ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. B SIVARAMAKRISHNAIAH Counsel for the Respondent(S):

1. GP FOR TRANSPORT The Court made the following: ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue an order writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioner’s bearing No.NL01B2903 seized on 10.01.2025 by issuing Challan No.AP248946250110064338 demanding tax and fine of Rs.2,05,000/- and also compounding fee of Rs.10,300/- as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass such and pass such order”.

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

3. 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 3^rd respondent seized the vehicle under the cover of vehicle check report dated

10.01.2025.

4. 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.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The Respondents shall release the vehicle bearing No.NL01B2903 seized pursuant to Vehicle Check report dated 10.01.2025 to the petitioner on condition of paying 50% of the tax along with compound fees as on today 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.

There shall be no order as to costs.

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

__________________________________

VENKATESWARLU NIMMAGADDA, J

22.01.2025 Note:C.C by two days klk

HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.1424 of 2025 Dated:22.01.2025 klk