Andhra Pradesh High Court

WP/31354/2024 of TIRUMALA CABS Vs THE STATE OF AP on 31 December 2024

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31354 OF 2024 Between: Tirumala Cabs, Represented by Sri M. Sunil Kumar, S/o.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 31354 OF 2024

Between:

Tirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy,Aged about 47 Years, Occ. Business, R/o. A- Sector, Near Helipad RoadNLG, PO/ PS Naharlagun, Papumpare, Arunachal Pradesh -791110.

...PETITIONER

AND

1. The State of Andhra Pradesh rep by its Principal Secretary, Transport rep by its Principal Secretary, TransportRoads and Buildings Department, A.P. Secretariat Buildings,[Thullur]Mandal, Amaravathi, Guntur DistrictMandal, Amaravathi, Guntur District

2. The Deputy Transport Commissioner and Secretary, RegionalTransport Authority, Guntur, Andhra Pradesh StateTransport Authority, Guntur, Andhra Pradesh State

3. The Motor Vehicles Inspector, Guntur, Andhra Pradesh State

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue a writ or order or direction more particularly one in thenatureof Writof Mandamus declaring the actionofthe2ndand3respondents in insisting to pay the tax and penalty as the conditionforrelease of the vehicle of the Petitioners bearing No. AR02 5464 seized on16.12.2024 by issuing Challan No.AP2035882412162 14457demandingtax and fine of Rs. 4,33,000/- and also compounding[fee]of Rs.600/- asillegal, arbitrary and contrary to law and consequentlydirectthe2ndrespondent to release the vehicle of the petitioner forthwith.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition,[the][ High][ Court][ may][ be]pleasedtodirectthe2ndrespondenttoreleasethevehicleofthePetitionersbearingNo.AR025464seizedon16.12.2024byissuingChallanNo.AP203588241216214457seizedbythe3rdrespondentforthwith to the petitioner pending disposal of the[above][ writ petition.]

Counsel for the Petitioner: SRI B. SIVARAMAKRISHNAIAHCounsel for the Respondent Nos. 1 to 3: GP FOR TRANSPORTThe Court made the following: ORDER

APHC010601432024IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3329](Special Original Jurisdiction)

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31354/2024

Between:

Tirumala Cabs ...PETITIONER

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.B SIVARAMAKRISHNAIAH

Counsel for the Respondent(S):

1.GP FOR TRANSPORT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No. 31354 of 2024

This Court made the following

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ORDER:

This instant Writ Petitionis filed under Article 226[of][ the][ Constitution]of India by the Petitioner for the following relief:

“..to issue a writ or order or direction more particularly[one][ in][ the][ nature][ of]Writ of Mandamus declaring the action of the2'"'^ and[ 3"^] Respondents[ in]insisting to pay tax and penalty as the condition for[release][ of][ the][ vehicle][ of]the Petitioner’s bearing No. AR02 5464 seized on 16.12.2024 by issuingChallanNo.AP203588241216214457demandingtaxandfineofRs.4,33,000/- and also compounding fee of Rs.600/- as[ illegal,][ arbitrary] andcontrary to law and consequently direct the 2"'^ respondent[to][ release][ the]vehicle of the Petitioner forthwith and pass.."

2. Heardlearnedcounselfor the Petitioner and learned[Government]Pleader for Transport and perused the material available[on][ record.]

3. Havingheardtherespectivecounsels anduponperusalofthematerial available on record,it is an admitted fact that the petitioner is plyingthe vehicle without having valid tax payment and without[permit,][ as][ such][ the]3^^ Respondent seized the vehicle under the cover of[vehicle challan][ dated]16.12.2024 vide challan No. AP203588241216214457.material available on record,it is an admitted fact that the petitioner is plyingthe vehicle without having valid tax payment and without[permit,][ as][ such][ the]3^^ Respondent seized the vehicle under the cover of[vehicle challan][ dated]16.12.2024 vide challan No. AP203588241216214457.

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 decion]reported in Saleem Tours and Travels v. Joint Transport[Commissioner]the light of the law laid down by the Division Bench[of][ this][ Court][ in][ a decion]reported in Saleem Tours and Travels v. Joint Transport[Commissioner]

and Secretary\ in my 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,theWritPetitionisdisposedofwiththefollowingdirections:directions:

(i) The respondents shall release the vehicle bearing[No.AR02][ 5464]seized pursuant to the Vehicle Challan No. AP203588241216214457,[dated]16.12.2024 to the Petitioner, on condition of paying[50%][ of][ the][ tax][ along]with compound fee 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. No[costs.]

As a sequel, interlocutory applicationsif any pending,shallstand closed.

^ 2000(4) ALD 501=2000(4) ALT 468

//TRUE COPY//

SD/-G.HELA NAIDUASSISTANT REGISTRAR

^ SECTION OFFICER

To,

1. The Principal Secretary, Transport Roads and Buildings[Department,]A.P. Secretariat Buildings, Thullur Mandal, Amaravathi,[Guntur][ District]A.P. Secretariat Buildings, Thullur Mandal, Amaravathi,[Guntur][ District]2. TheDeputy Transport Commissioner and Secretary, RegionalTransport Authority, Guntur, Andhra Pradesh StateTransport Authority, Guntur, Andhra Pradesh State ssb

3. The Motor Vehicles Inspector, Guntur, Andhra Pradesh[State]

4. One CC to Sri B. Sivaramakrishnaiah, Advocate [OPUC]

5. Two CCs to GP for Transport, High Court of Andhra Pradesh. [OUT]

6. Three CD Copies.

HIGH COURT

DATED:31/12/2024

ORDERWP.No.31354 of 2024

oTandh^^X0 3 JAN 2025Co,^. Current Section ^^OffSPATCV^^^

DISPOSING OF THE W.P. WITHOUT COSTS

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