G Senthil Kumar vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Transport)
Before:
Hon'ble Subba Reddy Satti
Listed On:
18 Mar 2025
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331]
TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 6850/2025
Between:
G Senthil Kumar ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.E MARUTHI RAJA
Counsel for the Respondent(S):
1.GP FOR TRANSPORT
The Court made the following ORDER:
The above writ petition is filed to declare the action of the 2 nd respondent in insisting the petitioner's payment of the tax and penalty as the condition to release the vehicle bearing No.TN81J3727 seized on 01.03.2025 vide Ex.P.1-vehicle check report, as illegal and arbitrary.
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Heard Sri E.Maruthi Raja, learned counsel for the petitioner and Sri Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents.
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Learned counsel for the petitioner would submit that without conducting an inquiry, in pursuance of the seizure of the vehicle, a challan was issued directing the petitioner to pay an amount of Rs.3,60,000/- including the fine amount of Rs.11,000/-.
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Learned Assistant Government Pleader for Transport would submit that the infringements were noted in Ex.P.1-vehicle check report.
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The Division Bench of the composite High Court in Saleem Tours and Travels vs. Joint Transport Commissioner and Secretary<sup>1</sup> considered the aspect of seizure of the vehicle and consequential direction to release the vehicle. Following the Division Bench judgment, the learned Single Judge of this Court passed an order dated 22.02.2025 in W.P.No.4875 of 2025. Copy of the said order is filed as Ex.P.6.
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Learned counsel on either side would submit that the issue involved in this writ petition is squarely covered by the order dated 22.02.2025 in W.P.No.4875 of 2025.
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Since the issue involved in the case at hand is squarely covered by the order dated 22.02.2025 in W.P.No.4875 of 2025, this Writ Petition is disposed of in terms of W.P.Nos.4875 of 2025 with the following conditions.
i) The respondents shall release the vehicle bearing No.TN81J3727 seized on 01.03.2025 vide Ex.P.1-vehicle check report to the petitioner on condition of paying 50% of the tax along with the compound fees 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 inquiry and that the same would not be alienated pending inquiry.
iii) No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ SUBBA REDDY SATTI, J
Dated: 18.03.2025 KA
1 2000 (4) ALD 501
25
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 6850/2025
Dated: 18.03.2025 KA