Kesineni Kiran vs The State Of Andhra Pradesh
2022 Latest Caselaw 8569 AP

     HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO


               WRIT PETITION No.36107 of 2022

ORDER :

The petitioner is the owner of a contract carriage vehicle

bearing R.No.AP-16-TA-4444, which was seized by the 4th

respondent under vehicle check report

No.AP105/AUG2022/014570, dated 10-08-2022, 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. M/s Rajanikanth Jwala, 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.

W.P.No.36107 of 2022

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 another.

5. Following the said judgment, the Writ Petition is disposed

of, directing the respondents to release the contract carriage

vehicle bearing R.No.AP-16-TA-4444 forthwith pending enquiry,

seized under the vehicle report No.AP105/AUG2022/014570,

dated 10-08-2022 of the 4th respondent, to the petitioner on

condition of petitioner paying a sum of Rs.2,92,500/- (Rupees

Two lakhs ninety two thousand and five hundred only) and

compound fee of Rs.14,800/- (Rupees fourteen thousand and

eight 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.

W.P.No.36107 of 2022

As a sequel, interlocutory applications pending, if any,

shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date :08.11.2022 SAB

W.P.No.36107 of 2022

HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.36107 of 2022

08.11.2022

SAB