IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 38565 OF 2016

Between:

Shaik Subhani, S/o. Kasim Saheb, Aged about 45 years, Muslim, Occupation: Bus Owner, R/o.D.No.NI 14-262/B, Rajupeta, Muslim Bazar, Tiruvuru, Krishna District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Transport Department, A.P Secretariat, At Velagapudi, Amaravati, Guntur District
• 2. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Vijayawada, Krishna District.
• 3. The Regional Transport Officer, Office of the Regional Transport Authority, Vijayawada, Krishna District
• 4. The Assistant Motor Vehicles Inspector, Office of Deputy Transport Commissioner, Vijayawada, Krishna 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 may be pleased to issue an appropriate writ, order or direction more preferably one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in not releasing the petitioner's contract carriage vehicle bearing R.No.KA05C6899, which was seized under Vehicle Check Report No.1562812, dt.19-10-2016 by the 4^th respondent, as per law laid down by the Hon'ble Court as illegal, arbitrary, unjust and consequently direct the 2nd respondent to forthwith release the petitioner's contract carriage vehicle bearing R.No.KA05C6899, in the interest of justice and grant such other necessary relief or relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case.

I.A. NO: 1 OF 2016(WPMP. NO: 47509 OF 2016)

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 respondents to release the petitioner's contract carriage vehicle bearing R.No.KA05C6899, which was seized under vehicle check Report No.1562812, dt.19-10-2016 by the 4*" respondent, forthwith to the petitioner, pending disposal of the above Writ Petition. .

/

Counsel for the Petitioner: SRI. RAJANIKANTH JWALA

Counsel for the Respondents ¹ to 4 : GP FOR TRANSPORT

The Court made the following: ORDER

/

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.38565 of 2016

ORDER:

V

■ .. ■/ ⁿ

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

"to issue an appropriate writ, order or direction more preferably one. in the nature of Writ of Mandamus, declaring the action of the 2'^^ respondent in. not releasing the petitioner's contract carriage vehicle bearing R.NO.KA05C6899, which was seized under Vehicle Check Report No. 1562812, dated 19.10.2016 by the 4^^ respondent, as per law laid down by the Hon'ble Court as illegal, arbitrary, unjust and consequently direct the 2'^'^ respondent to forthwith release the petitioner's contract carriage vehicle bearing R.No.KA05C6899 and pass such other or orders.. ".

2. When the matter came up for admission, on 09.11.2016, this Court passed the following interim order:

V

"On payment ofRs.50,000/- (Rupeesfifty thousand only) by the petitioner, the second respondent-Deputy Transport Commissioner shall release the vehicle bearing No.KA05C6899. Pending disposal of the writ petition, petitioner shall not create third party interest and produce the vehicle as and when required by the respondent authorities".

3. At the time of hearing, the learned Government Pleader for Transport has produced a copy of instructions of the 2"^ respondent dated 20.02.2023, wherein it is stated that, in pursuance of the interim order granted by this Court on 09.11.2016, upon payment of Rs.50,000/- towards deposit. the petitioner's vehicle was released on 16.11.2016. But however, the petitioner is liable to pay the tax amount of Rs.85,000/-.

4. In view of the same, the writ petition is closed leaving it open to the respondent authorities to issue a show-cause notice to the petitioner for claiming the due amount of Rs.85,000/- if any payable by the petitioner. There shall be no costs.

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

//TRUE COPY//

Sd/- N. NAGAMMA ASSISTANKREGISTRAR /

_ SECTION OFFICER To, 1. One CC to SRI. RAJANIKANTH JWALA Advocate [OPUC] 3 t'^° CD^ TRANSPORT, High Court of Andhra Pradesh. [OUT] MSR Sdkr

HIGH COURT

DATED:22/02/2023

ORDER

WP.No.38565 of 2016

CLOSING OF WP WITHOUT COSTS