THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Transport appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel appearing for the petitioner submits that the petitioner is Secretary of Gurram Balanarsaiah Institute of Pharmacy Edulabad, Ghatkesar and purchased Educational Institute Bus bearing registration No.AP 29 TB 6046 from Gurunanak Educational Society, Ibrahimpatnam, Ranga Reddy District in the month of December, 2023. Thereafter, the petitioner made application No.TS 107/145752/2023/R, dated 01.12.2023 for registration of said vehicle and later the registration was transferred from RTA Ibrahimpatnam to RTS uppal to facilitate the Gurram Balanarsaiah Institute of Pharmacy to register the said vehicle in the name of said Institution. Due to personal health reasons of the petitioner, the said process of transferring the vehicle in the name of Gurram Balanarsaiah Institute in RTA office, Uppal was not completed. In view of the same, the petitioner had not obtained permit, FC, PUC and the insurance of the vehicle was lapsed on 10.09.2024. The Gurram Balanarsaiah Institute has been using the said vehicle as exclusively Education Institute bus, for carrying the students from one place to another place.

3. Learned counsel appearing for the petitioner further submits that on 07.02.2025, the said vehicle while plying from Narapally to Gurram Balanarsaiah Institute of Pharmacy, Edulabad, the respondent No.4 stopped the vehicle and seized the same, alleging that the said vehicle has been plying without tax, permit, FC, IC, PUC and DL. The petitioner approached the RTA, Uppal for filing of appeal but was advised to approach RTA, Ibrahimpatnam as the registration was with the RTA, Ibrahimpatnam. But, the officials of RTA, Ibrahimpatnam demanded the petitioner to pay compounding fee of Rs.21,575/- for plying the vehicle without tax, permit, FC, IC, PUC and DL and also demanded to pay tax with penalty of Rs.3,77,500/-. The appeal filed by the petitioner was not taken by the respondent No.2 as the appeal has to be filed before the respondent No.3. The respondent No.3 received the said appeal and not passed any orders and the petitioner constrained to file writ petition before this Court for release of vehicle. After filing of the writ petition, the respondent No.3 issued proceedings in Rc.No.465/A2/IBPM/2025, dated 28.03.2025, in which he directed the petitioner to approach the respondent No.2 to file appeal under Section

12 of TMVT Act, 1963 for release of vehicle.

4. Learned counsel appearing for the petitioner further submits that the petitioner is ready to transfer the vehicle in the name of Gurram Balanarsaiah Institute and obtain permit, FC, IC, PUC and DL and also obtain insurance to the said vehicle and pay the compounding penalty and requested to pass appropriate orders.

5. On the other hand, the learned Government Pleader for Transport basing on the written instructions submits that the petitioner has to pay 75,200/- per quarter under Sections 3 and 4 of TSMVT Act, 1963 and penalty laid down under Rule 13 of TSMVT Rules, 1963. The petitioner has to deposit amounts as per Vehicle Check Report No.0203641, dated 07.02.2025 and requested to direct the petitioner to pay the amounts as demanded by the respondent authorities, then only they will release the vehicle.

6. After hearing both sides and perusing the material on record, this Court is of the considered view that admittedly the petitioner purchased the bus bearing registration No.AP 29 TB 6046 from Gurunanak Educational Society, Ibrahimpatnam, Ranga Reddy District and has been using the vehicle for educational institute purpose. The respondent authorities have also not disputed the usage of the vehicle for the purpose of educational institute. At the time of seizure also, the petitioner is ca