R.Reddappa, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4662 AP

                 HON'BLE SRI JUSTICE M. GANGA RAO

                     WRIT PETITION No.26712 of 2021

ORDER:

This writ petition is filed seeking the following relief/s:

"...to issue any Writ, Order or Direction more in the nature of Writ of Mandamus declaring the inaction of the2nd respondent in not releasing the petitioner's Contract Carriage Vehicle bearing No.TS 12 UA 8115 seized under Vehicle report No.AP102/OCT 2021/025719 dated 23.10.2021 by the 3rd respondent as per law laid down by the Hon'ble High Court as illegal, arbitrary and unjust and consequently direct the 2nd respondent to forthwith release the petitioner's Contract Carriage Vehicle No.TS 12 UA 8115 in the interest of justice and pass such other order or orders..."

2. The petitioner is the owner of a contract carriage vehicle bearing

No. TS 12 UA 8115, which was seized by the 3rd respondent under vehicle

check report No. AP102/OCT 2021/025719 dated 23.10.2021 on the

ground that the said vehicle was plying without payment of tax. The

vehicle remained under seizure. The petitioner has approached this Court

by way of the present Writ Petition seeking release of the vehicle on the

ground that the vehicle could not have been seized and there are no

irregularities in payment of tax.

3. The learned Government Pleader for Transport submits that the

vehicle was seized on account of irregularities of non-payment of tax and

the same could be gone during the course of inquiry by the 2nd

respondent.

4. Sri E.Maruthi Raja, learned counsel for the petitioner submits that

seizure of the vehicle on the ground of non-payment of Motor Vehicle Tax

during the pandemic-19 period, which was exempted by this Court is

illegal, arbitrary and 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 on application with reasonable conditions.

5. In the order dated 22.10.2020 in W.P.No.19503 of 2020, the

learned Single Judge has held that the vehicle which has been seized for

non-payment of tax etc., should be released at the earliest in view of the

earlier judgment of the Division Bench of this Court in Saleem Tours and

Travels Vs. Joint Transport Commissioner and Secretary R.T.A.,

Hyderabad and another1.

6. Following the said judgment, the writ petition is disposed of,

directing the respondents to release the contract carriage vehicle bearing

No. TS 12 UA 8115 forthwith pending enquiry, seized under the vehicle

report No. AP102/OCT 2021/025719 dated 23.10.2021 of the 3rd

respondent, to the petitioner on condition of petitioner paying a sum of

Rs.40,000/- (Rupees Forty Thousand only) and compound fee of

Rs.2,500/- (Rupees two thousand five hundred only) by way of 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 and alter the same, in the meanwhile.

As a sequel thereto, the miscellaneous applications, if any, pending

in this Writ Petition shall stand closed.

__________________ M. GANGA RAO, J 16.11.2021

CSR

2000 (4) ALD 501

HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No.26541 of 2021

16.11.2021

CSR