M/S Meenkashi Travels, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3979 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

             WRIT PETITION No.23036 of 2021

ORDER:

The petitioner is the owner of a contract carriage

bus bearing No.KA-34-B-7273, which was seized by the

3rd respondent under vehicle check report No.

AP002/Dec.2020/007863, dated 08.12.2020, 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.

2. 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.

3. Sri E.Maruthi Raja, 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

Bench of this Court in Saleem Tours and Travels Vs. Joint

Transport Commissioner and Secretary R.T.A., Hyderabad

and another1.

4. Following the said judgment, the writ petition is

disposed of, directing the respondents to release the stage

carriage bus bearing No.KA-34-B-7273 forthwith pending

enquiry, seized under the vehicle report No.

AP002/Dec.2020/007863 dated 08.12.2020 of the 3rd

respondent, to the petitioner on condition of petitioner paying a

sum of Rs.37,500/- (Rupees thirty seven thousand and five

hundred 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.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

07.10.2021 Note:

CC in two days B/o.

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2000 (4) ALD 501

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.23036 of 2021

07-10-2021

Note:

CC in two days B/o.

BSM