M/S Meenkashi Travels, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3980 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

             WRIT PETITION No.23034 of 2021

ORDER:

The petitioner is the owner of a stage carriage bus

bearing No.AP-23-Y-3063, which was seized by the 3rd

respondent under vehicle check report No.

AP202/Feb.2020/000092, dated 01.02.2020, 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.AP-23-Y-3063 forthwith pending

enquiry, seized under the vehicle report

No.202/Feb.2020/000092 dated 01.02.2020 of the 3rd

respondent, to the petitioner on condition of petitioner paying a

sum of Rs.33,000/- (Rupees thirty three thousand only) and

compound fee of Rs. 11,500 (Rupees Eleven 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.

BSM

2000 (4) ALD 501

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.23034 of 2021

07-10-2021

BSM