Between:

1. KHAJA RAHEEMUDDIN, S/O. KHAJA FAREEDUDDIN, AGED ABOUT 45 YEARS, OCC BUSINESS, R/O. H NO, 11-5-293/1, REDHILLS, OPPOSITE TO DEENA BANK ROAD, REDHILLS, HYDERABAD. TELANGANA STATE 500004.

...PETITIONER

AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS (TR.I) DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE.

2. THE DEPUTY TRANSPORT COMMISSIONER AND SECRETARY REGIONAL TRANSPORT AUTHORITY, NANDYAL, NANDYAL DISTRICT ANDHRA PRADESH STATE.518501

3. THE MOTOR VEHICLE INSPECTOR, NANDYAL, O/O DTO NADYAL 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 to issue an appropriate writ, 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 the condition for release of the vehicle of the Petitioner's bearing No. AR06B4711 vide vehicle Challan No. AP203899260527073306 dated 27.05.2026 demanding tax and fine of Rs. 2,65,000/- and also compounding fees of Rs. 10,000 as illegal, arbitrary and contrary to law and consequently direct the 2ND respondent to release the vehicle of the petitioner forthwith 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 to direct the 2ND respondent to release the vehicle of the Petitioner’s bearing No. AR06B4711 vide vehicle Challan No. AP203899260527073306 dated 27.05.2026 seized by the respondent forthwith to the petitioner pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1. E MARUTHI RAJA

Counsel for the Respondent(S):

1. GP FOR TRANSPORT

The Court made the following:

ORDER:

The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue an appropriate writ, 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 the condition for release of the vehicle of the Petitioner's bearing No. AR06B4711 vide vehicle Challan No.AP203899260527073306 dated 27.05.2026 demanding tax and fine of Rs. 2,65,000/- and also compounding fees of Rs. 10,000 as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass….”

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.

3. It is an admitted position that the petitioner is claiming release of vehicle which was plying without paying the valid tax and permit. Therefore, the 3rd respondent has seized the vehicle bearing Registration No.AR06B4711on 25.05.2026.

4. The learned Division Bench of this Court in Saleem Tours and Travels v. Joint Transport Commissioner and Secretary¹2000(4) ALD 501 = 2000 (4) ALT 468 directed the respondent authorities to release the vehicle in favour of the petitioner by imposing certain conditions to protect the interest of the respondents, pending enquiry.

5. The Writ Petition is disposed of with the following directions:

i. The respondents shall release the vehicle bearing Registration No.AR06B4711, seized on 27.05.2026, to the petitioner on condition that the petitioner pays 50% of the tax along with compound fees as on 31.05.2026 and on producing the demand draft or receipt acknowledging such 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.

6. In the result, the Writ Petition is disposed of. No order as to costs.

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