THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.10142 of 2025

ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of respondent No.3 in seizing the petitioner’s vehicle/bus bearing No.AP-29-V-1717 vide vehicle Check Report No.0146476, dated 28.11.2024 and directing the petitioner to pay a compounding fee of Rs.1,75,000/- (Rupees One Lakh Seventy-Five Thousand Only), which includes tax of Rs.62,500/- and penalty of Rs.1,12,500/- and further keeping the vehicle in the custody of respondent No.3, as arbitrary and illegal and consequently direct the respondent No.3 to release the aforesaid vehicle.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Transport appearing for the respondents. With their consent, this writ petition is disposed of, at the stage of admission itself.

3. It is the case of the petitioner that he is the owner of bus bearing Registration No.AP-29-V-1717 as a Passenger Vehicle covered by Permit in respect of Education Institution Vehicle, Registration and valid documents and the same was authorized to operate throughout Telangana State, except on prohibited routes.

4. It is the contention of learned counsel for the petitioner that the petitioner is operating the subject vehicle by obtaining valid documents from the competent authority since 10.12.2008 onwards. He further submitted that while plying from Chervo Thanda to Dharpally, the said vehicle was stopped and checked by respondent No.3 and seized the vehicle on 28.11.2024 under the vehicle Check Report No.0146476 and in the said vehicle check report, respondent No.3 found the following irregularities:

i. No proof of Registration Certificate ii. No proof of Pollution under Control Certificate iii. No proof of Driving License iv. No proof of permit v. No proof of Tax from 01.10.2023 to 31.12.2024 vi. Violation of Road Safety under Section 190(2) of the Motor Vehicle Act, 1988.

5. Learned counsel for the petitioner further contended that the petitioner has approached respondent No.3 stating that he is not using the said vehicle for a long time and he could not ply the said vehicle, as it require major repairs. It is further stated respondent No.3 has insisted the petitioner to pay the tax and imposed a 200% penalty on the tax and compounding fee as a condition for release of the said vehicle.

6. Learned Assistant Government Pleader for Transport appearing for the respondents has submitted that if the petitioner pays the admitted tax and compounding fee, the vehicle in question will be released. It is further submitted that the respondents may be allowed to proceed for conducting assessment proceedings, in accordance with law.

7. In view of the said submissions, the Writ petition is disposed of directing the respondents to release the subject vehicle bearing No.AP-29-V-1717, which was seized under vehicle Check Report No.0146476, dated 28.11.2024 subject to the petitioner paying the admitted tax of Rs.62,500/- from 01.10.2023 to 31.12.2024, pending the appeal filed by the petitioner under Section 207(2) of Motor Vehicles Act, 1988 r/w Section 12 of A.P.T.S. Motor Vehicles Taxation Act 1963 and Rules 448(A) and (B) of A.P.T.S. Motor Vehicles Rules, 1989. The respondents are at liberty to proceed for conducting assessment proceedings, if any, in accordance with law.

There shall be no order as to costs.

8. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE K.SARATH Date: 16.04.2025 spk