Maruthi Logistics vs The State Of Andhra Pradesh,
2021 Latest Caselaw 5475 AP

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   THE HONOURABLE SRI JUSTICE BATTU DEVANAND

                 WRIT PETITION No. 30596 of 2021

O R D E R:-

      The petitioner is the registered owner of the contract

carriage vehicle bearing No. AP 35/W 9797, which was seized

by the 3rd respondent under vehicle check report No.AP102/

Dec.2021/ 018404, dated 08.12.2021, on the ground that the

vehicle was plying without permit. The vehicle remained under

seizure, the petitioner has approached this Court by way of

the present writ petition seeking release of the said vehicle.

2) The learned Government Pleader for Transport,

submits that the vehicle was seized on account of irregularities

and the same could be gone during the

course of inquiry by the 2nd respondent.

3) Sri S. Arifullah, learned counsel for the petitioner

relies on the order of the learned Single Judge of this Court

dated 22.10.2020 in W.P.No.19503 of 2020 to contend that

the vehicle has to be released.

4) In the order dated 22.10.2020 in W.P.No.19503 of

2020, the learned Single Judge had held that the vehicles

which have been seized for non-payment of tax, etc., should

be released at the earliest in view of the earlier Judgment of

the Division 2 Bench of this Court in Saleem Tours and

Travels Vs. Joint Transport Commissioner and Secretary

R.T.A., Hyderabad and another1.

5) Following the said judgment, the writ petition is

disposed of, directing the respondents to release the contract

carriage vehicle bearing No. AP 35/W 9797 forthwith pending

enquiry, seized under the vehicle report No.AP 102/ Dec.2021/

018404, dated 08.12.2021 of the 3rd

respondent, to the petitioner on condition of petitioner paying

a sum of Rs.68,750/- (Rupees sixty eight thousand Seven

hundred and fifty only) and compound fee of Rs. 12,500/-

(Rupees Twelve thousand and five hundred only) on producing

the demand draft or receipt to that effect. He shall also file an

undertaking to the effect that he shall produce the vehicle as

and when required for enquiry and that he shall not alienate

the same, in the meanwhile. No order as to costs.

Miscellaneous petitions pending, if any, in this case shall

stand closed.

______________________ JUSTICE BATTU DEVANAND Date : 23.12.2021 Note: Issue CC by tomorrow.

B/o eha

2000 (4) ALD 501

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No. 30596 of 2021.

Date : 23.12.2021

eha