Andhra Pradesh High Court

WP/17244/2026 of Kandimalla Sarath Vs The State of Andhra Pradesh on 30 June 2026

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for orders : Date of pronouncement : 01.07.2026 Date of uploading : 01.07.2026 APHC010329342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:

Date of reserved for orders :

Date of pronouncement : 01.07.2026

Date of uploading : 01.07.2026

APHC010329342026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE 1st DAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 17244/2026

Between:

1. KANDIMALLA SARATH, S/O. SINGAIAH, AGED ABOUT 44

YEARS, OCC BUSINESS, R/O. H NO. 3-43, YERAJERLA

PRAKASHAM DISTRICT. ANDHRA PRADESH STATE.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY.

TRANSPORT

ROADS

AND

BUILDINGS

DEPARTMENT, A.P. SECRETARIAT BUILDINGS, THULLUR

MANDAL, AMARAVATHI, GUNTUR DISTRICT 522237

2. THE DISTRICT TRANSPORT OFFICER, TIRUPATHI, CHITTOOR

DISTRICT ANDHRA PRADESH STATE. 517001

3. THE MOTOR VEHICLES INSPECTOR, TIRUPATHI, CHITTOOR

DISTRICT ANDHRA PRADESH STATE. 517001

...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 a writ or 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 a condition for release of the petitioner vehicle bearing No. AR06B7828 seized on 27.06.2026

by

the

3RD

respondent

by

issuing

Challan

No.

AP250219260627113825 demanding tax and penalty of Rs. 4,69,000/- without issuing any check report or enquiry as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith by accepting the tax as per GOMs No. 285 dated 15.09.1984 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 vehicle bearing No. AR06B7828 seized on 27.06.2026 by the 3rd respondent by issuing Challan No. AP250219260627113825 forthwith by accepting the tax as per GOMs No. 285 dated 15.09.1984 pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. B SIVARAMAKRISHNAIAH

Counsel for the Respondent(S):

1. GP FOR TRANSPORT

The Court made the following:

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ORDER:

To declare the action of the 2nd respondent in insisting to pay tax and penalty of Rs.4,69,000/- issued vide Challan No.AP250219260627113825 as a condition to release the petitioner’s vehicle bearing No.AR06 B 7828 seized on 27.06.2026 by the 3rd respondent without issuing any check report or enquiry, as illegal and arbitrary, the present writ petition is filed.

2. Heard Sri B.Siva Rama Krishnaiah, learned counsel for the petitioner and Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents.

3. Learned counsel for the petitioner and learned Assistant Government Pleader for Transport collectively submitted that similar issue as in this writ petition has already been dealt with by a Coordinate Bench of this Court in writ petition vide W.P.No.24887 of 2025 and the same was disposed of on 16.09.2025 and the present writ petition is squarely covered by the order in that writ petition, accordingly, prayed to pass similar orders.

4. Taking their submissions into consideration, this Court is inclined to dispose of the writ petition in terms of the order passed in W.P.No.24887 of 2025 dated 16.09.2025.

“The Petitioner is directed to comply with G.O.Ms.No.285, TR&B (Tr-II) dated 15.09.1984, and also to pay the compounding fee as stated in the Challan No.AP250219260627113825 dated 27.06.2026.

Further, upon compliance with the directions of this Court, the District Transport Commissioner and Secretary shall be obligated to release the Vehicle bearing No.AR06 B 7828 forthwith.”

5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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

JUSTICE RAVI CHEEMALAPATI

Date: 01st July, 2026

Note: Issue C.C. by today i.e., 01.07.2026

B/o

RKS

Whether the order is: Speaking

Reasoned

Reportable

Non-reportable

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