IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6850 OF 2025

Between:

G. Senthil Kumar, S/o, Sri. Ganesan, Aged About 40 Years, R/o.T2 Royal Fairmont Apartment, No.39, VN Nagar, Tiruchirapalli, Tamilnadu.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Transport, Roads and Buildings Department, A.P. Secretariat, Velagapudi, Thullur Mandal, Amaravathi, Guntur District.
• 2. The District Transport Officer and Regional Transport Authority, Chittoor District, Chittoor.
• 3. The Motor Vehicles Inspector, Chittoor, Chittoor District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ or order or direction more particularly one in the nature of ^a Writ of Mandamus, declaring the action of the 2^^ respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing Regn.No.TN81J3727, 01.03.2025 by issuing Challan No;aP20371 0250301073427 may seized on demanding Tax and Penalty of Rs. 3,60,000/- and also Compounding Fee of Rs. 11,000/- as illegal, arbitrary and contrary to law and consequently direct the 2 respondent to release the vehicle of the petitioner forthwith.

lA NO: ¹ OF 2025

T

Petition under Section ¹⁵¹ CPC praying that in the circumstances ¹ sta-tp^ in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2 nd respondent to release the vehicle of the Petitioner's bearing Regn.No.TN81J3727 seized on 01.03.2025 by issuing Challan No. AP203710250301073427, seized by the 3^^ respondent, forthwith to the petitioner, pending disposal of the above writ petition.

Counsel for the Petitioner: SRI E. MARUTHI RAJA Counsel for the Respondent Nos.1 to 3: GP FOR TRANSPORT The Court made the following; ORDER

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:

...PETITIONER G Senthil Kumar

...RESPONDENT(S)

AND

The State Of Andhra Pradesh and Others

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 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. nd

2. Heard Sri E.Maruthi Raja, learned counsel for the petitioner and Sri Abdul Rasheed, learned Assistant Government Pleader for Transport for the respondents.

3. 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/-.

4. Learned Assistant Government Pleader for Transport would submit that the infringements were noted in Ex.P.1-vehicle check report.

The Division Bench of the composite High Court in Saleem Tours and Travels vs. Joint Transport Commissioner and Secretary^ 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. 5.

6. 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.

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, 7.

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 on today and on producing demand draft or receipt acknowledging the payment, as

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.

Sd/- K. TATA RAO 2000(4) ALD ⁵⁰¹ DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. The Principal Secretary, Transport, Roads and Buildings Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Thullur Mandal Amaravathi, Guntur District.

• 2. The District Transport Officer and Regional Transport Authority, Chittoor District, Chittoor.
• 3. The Motor Vehicles Inspector, Chittoor, Chittoor District.
• 4. One CC to Sri E. Maruthi Raja, Advocate [OPUC]
• 5. Two CCs to GP for Transport, High Court of Andhra Pradesh. 6. Three CD Copies. [OUT]

ssb

HIGH COURT

DATED:18/03/2025

ORDER

WP.No.6850 of 2025

DISPOSING OF THE W.P. WITHOUT COSTS