M/S. New Morning Star Travels, ... vs The State Of A.P.,Transport, ...
2023 Latest Caselaw 2463 AP

        HONOURABLE SMT. JUSTICE V.SUJATHA
             WRIT PETITION No.25354 of 2017

ORDER

This Writ Petition is filed under Article 226 of the

Constitution of India for the following relief:

"... to issue a writ or order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 2nd Respondent in cancelling the release orders No. ATPCC0043/ 161269/2017 dated 26.07.2017 by proceedings in R.No. 4331/A2/2017 dated 26.04.2017 originally dated 26.07.2017 as illegal, arbitrary and contrary to law and consequently to direct the 2nd Respondent to release the vehicle of the petitioner bearing No. PY05B6644 forthwith..."

2. When the matter was taken up for admission on

02.08.2017, this Court was pleased to pass the

following interim order:-

"In view of the above, there shall be interim suspension as prayed for and consequently, there shall also be an interim direction to the 2nd respondent to release the vehicle of the petitioner forthwith on payment of the tax and penalty as shown in

the show-cause-notice dated 13.07.2017. However, this arrangement is made without prejudice to the respective contentions of the parties in W.P.No.23132 of 2017 at bench."

3. Learned Government Pleader for Transport has

produced a copy of the instructions of the 2nd

respondent herein vide Rc.No. 4331/A2/2017 dated

25.04.2023 wherein it is stated as follows:-

The Registered Owner of the Vehicle PY05B6644 has submitted an application on 11.09.2017 along with an amount of Rs. 1,63,130/- towards deposit by way of demand draft bearing number 068771 dated 13.08.2017 of Axis Bank, Guntur drawn in favour of Secretary, RTA, Ananthapuramu and requested to release the vehicle as per the judgment pronounced by the Hon'ble High Court of Judicature at Hyderabad in Writ Appeal No. 1216 of 2017 dated 06.09.2017.

In obedience of the judgment pronounced in W.A.No. 1216 of 2017 by the Hon'ble High Court of judicature at Hyderabad and on complying the conditions laid down in the said judgment by the Registered Owner of the Vehicle PY05B6644, the vehicle is released to the possession of the Registered Owner along with the original records of the vehicle on 12.09.2017 under proper acknowledgement."

4. In view of the same, the cause in this writ petition

does not survive for further adjudication in this writ

petition. Accordingly, this writ petition is closed. There

shall be no order as to costs.

Consequently, miscellaneous petitions, pending if any, shall stand closed.

_______________________ JUSTICE V.SUJATHA Date: 26.04.2023 PSR

HONOURABLE SMT. JUSTICE V.SUJATHA

(Closed)

WRIT PETITION No. 25354 of 2017

Date: 26.04.2023

PSR