Saravanan vs The State Of Andhra Pradesh
2021 Latest Caselaw 4019 AP

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.23380 of 2021


ORDER:-

      The petitioner is the owner of a carriage vehicle bearing

No.TN 24 9279, which was seized by the 3rd respondent under

vehicle    check      report    No.      AP803/Oct.2021/002577

dated 03.10.2021, 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.


      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
                                      2

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 carriage

vehicle bearing No.TN-24-9279 forthwith pending enquiry,

seized under the vehicle report No.AP803/Oct.2021/002577,

dated 03.10.2021 of the 3rd respondent, to the petitioner on

condition of petitioner paying a sum of Rs.52,000/- (Rupees fifty

two thousand only) and compound fee of Rs. 2,500 (Rupees two

thousand 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.

08.10.2021 RJS

2000 (4) ALD 501

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.23380 of 2021

Date : 08-10-2021

RJS