Thirumala Cabs vs The State Of Ap
2023 Latest Caselaw 3052 AP

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                                                        W.P.No.12792 of 2023
                                                                        VS,J




           HONOURABLE SMT. JUSTICE V. SUJATHA

               WRIT PETITION No.12792 of 2023

ORDER:

The present writ petition came to be filed under Article 226

of the Constitution of India seeking the following relief:

"...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioner's bearing No.AR02-5663 seized under vehicle Check Report No.AP031/May 2023 /002497, dated 02.05.2023 as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and to pass such..."

2. The case of the petitioner is that, he is the owner of vehicle

bearing No.AP02-5663, which was seized by the 3rd respondent

under vehicle check report No.AP031/May 2023 /002497, dated

02.05.2023, 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.

3. The learned Government Pleader for Transport, submits

that the vehicle was seized on the account of irregularities of non-

W.P.No.12792 of 2023 VS,J

payment of tax and the same could be gone during the course of

inquiry by the 2nd respondent.

3. Sri.B.Siva Rama Krishnaiah, 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., Hyderbad and another.

5. Following the said judgment, the writ petition is disposed

of, directing the respondents to release the vehicle bearing

No.AP02-5663 forthwith pending enquiry, seized under the

vehicle check report No.AP031/May 2023 /002497, dated

02.05.2023 of the 3rd respondent, to the petitioner on condition of

petitioner paying a sum of Rs.1,00,000/- (Rupees one lakh 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

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that he shall not alienate the same, in the meanwhile. No order as

to costs.

As a sequel thereto, miscellaneous petitions, if any, shall

stand closed.

_________________ V. SUJATHA, J Date: 11.05.2023.

Note:

C.C. by tomorrow B/o KGR

W.P.No.12792 of 2023 VS,J

HONOURABLE SMT. JUSTICE V. SUJATHA

W.P. No.12792 of 2023

Date: 11.05.2023

KGR