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Andhra Pradesh High Court - Amravati

Aditya Logistic vs The State Of Andhra Pradesh on 5 August, 2025

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                                                                                        [3328]


            IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
                            (SPECIAL ORIGINAL JURISDICTION)

                           TUESDAY, THE FIFTH DAY OF AUGUST

                            TWO THOUSAND AND TWENTY FIVE

                                           :PRESENT:
       THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

                            WRIT PETITION NO: 18433 OF 2025

     Between :

            M/s.     Aditya        Logistic,      3-487,      Samathi      Road,       Puttaparthi,
            prashanthiNilayam, -An;ntapur, Andhra Pradesh - 515134, Rep. by

           VarpulaVijayaSai Naidu, S/a V. Thammaiah Naidu,


                                                                                      Petitioner

     AND


        1. The     State    of Andhra     Pradesh,     Rep.    by   its   Principal   Secretary7

           Transport,      Roads    AND        Buildings   (TR.I)   Department,       Velagapudi,

           Amaravathi, Guntur District, Andhra Pradesh.

        2. The District Transpor+. Commissioner, Kurnool, Andhra Pradesh.

        3. The Motor Vehicles Inspector/ Asst. Motor Vehicles Inspector, O/o DTC

           Kurnool, Andhra Pradesh.


                                                                                Respondents

           Petition under Article 226 of the Constitution of India is filed             praying

     that in the circumstances stated in the affidavit filed therewith, the High Court'
     may be pleased to issue a writ order or direction especially one in the Nature
     of Writ of Mandamus declaring the action of 2nd respondent in seizing the
 '_   ''''-_-_    _   ,/




                -/

                                                                                                                                                              +




                            petitioners vehicle (sleeper-Bus) bearing No. NL 01 B 2222 vide vehicle check
                            report No.AP203855250613144018 dated 13-06-2025 on the ground that it is

                            liable for payment fine as well as A.P. Tax as per GO Ms. No.285 dt.15-09i

                            1984 is illegal, arbI'trary, contrary to the All India Tourist perml't rules, 2023

                            and violative of Article 19(1) (g) Qf the Constitution of lndl'a and contrary to A"

                            ]ndI'a    Tourist     vehjc[es                (permit)           Rules,       2023      and     consequently      direct
                            respondent No.2 & 3 to release the vehI'CIe (Sleeper Bus) bearI'ng No. NL 01 B

                            2222 in favour of the petitioner.


                           !ANO..1 OF 2025


                                     pletI'tiOn`under     S;ction'151                        CPC     is     filed      praying    that   in    the
                                                                               . <`+.

                           circumstances stated in the affidavit filed I-n support of the petition, the High

                           court may be pleased to direct respondent No.2 & 3 to release the vehicle

                           (sleeper    Bus)     bearing    No., NL                          01   B    2222      vide      vehl-cle check report
                                                                                                                                                    +'.E€®%
                           No.AP203855250613144018 I+dated 13-06-2025 by the 3rd                                                 respondent,
                                                                         -`      ?.'-



                           favour of the petitioner, pendI'ng disposal of WP 18433 of 2025, on the fllle
                           the High Court.                                              +
                                                                       i.:..',i.
                                                           .=<.   .
                                                                      -. _Ill `,I -.




                                  The petl-lion coming on for hearing, upon perusI-ng the Petition and the
                          affl'davit filed      I'n   Support thereof and                            upon     hearing      the   arguments     of
                          srll E.     Maruthi Raja,        Iearrled counsel representing sri cH RAVINDER
                          Advocate for the petitionelr, . GP FOR TRANSPORT for the Respondent Nos.1I
                          to 3 and the court made the following.


                          ORDER

£fHeard SrI- E. Maruthi Raja, learned Counsel representing sri cH.

Ravinder, learned counsel for the writ petitioner and sri Balaji, learned Government pleader for Respondent Nos.1 to 3.

2. Learned counsel,.for the writ petitI-Oner has drawn the attentI-On` of this court to Exhibit Pie, which I-S the All India TourllSt Permit. At SeriaI' No|6 of the said perml-I, it.is indicated that the vehicle of the petlltiOner had a valid All India Tourist Perinit from 31.05|2025 up to Solos.2025. The said document also indicates that the Pet:itioner had remitted a sum of Rs.90,000/-on 31.05.2025-.vide,` Bank Reference No.3105250000853. This i.. ` .-, .I+ .

¢r-would clinching]y show.tha.i, as~on the date when the vehicle was seized 1:On 13.06.2025, the Petit,i.9!Per had a Valid All India Tourist Permit from `.a. +a ]t`..

31IO5.2025 to 30'08I2025. .

3. Sri Balaji, learned. G9V.ernment P[eader for Respondent Mos. 1 to 3, has submit:ted that th'e` Petitioner did not present this document (Ex.P.3) when the Vehicle was seiz;d. He would also submit that when the Officer on duty who` had seized the vehicle macle an online JerifI-CatiOn, it Was found thati'he-validity of the All India Tourist Permit vyas from 23.02.2024 up'to 22.02.2025.

4. This Court has `'ri:oti;eq that the All India Tourist Permit (Ex.P.3} `Contains all the details.inc[udjng the amount paid and the date of Payment. ..I..,`e*..I :,.., 5I Learned Coun`sei for -the .writ peti1:ioner would submit that valjdjty commences fromthe:date on which 1:he payment has been made,r< and in the present case, 'th6,payment had been made on 31.05.2025 with- Bank Reference No.31052:50®-008'53l`

6. On the face of it, this court is of the view that the submissiom made by the learned CounS6'I for the Writ Petitioner, upon verification of Ex|P|3, appears 1:o be factriaI[y` correct inasmuch as the vehicle of the /I petitioner had a valid Alr'3'-IridEa Tourist Permit on the date when the;A Vehicle was seized. '''-~~: -' ,c`'

7. In this view of`th'e m;liter, the Respondents are directed to release the Vehicle forthviith-wll-thout any condi1:ions.

8. Let the Vehicle~v(Sie6i6r -Bus) bearing No. NL 01 B 2222 be released within 12 hou-rs i-rain `fodayl--

'l|

9. The Petitioner sh`alIQ:`l,iri6Wever, be bound by the final outcome in the present Writ Petition.

-_I___/ +

10. Sri Balaji, learned Government pleader for Respondent Nos.1 to 3, is directed to cQnYey the gist of this Order to the competent

-. 1 _-_I Authority forthwith for effec`chtjve ^compliance.

•>\+ .

-'r ll. Let Counter-Aff`i`d'a,Wit be filed in two (o2) weeks| < ` -

12. List the matter Q-n`.22IO8.2O25|"

                                                           I       P`




                                                               '. i       '
                                                                                                           SD/-M. SRINIVAS
                                                                                                     ASSISTANT REGISTRAR
                                                                              //TRUE COPY//
                                                                                                                   --,J-- 'l _-.::

                                                                                                          SECTION OFFICER


                                                                                                                                       _.-I.- -Niv


            1. The      Principal   Secretary,~'' Transport,                                     Roads   AND   Buildings         (TR
                                                                                                                                       ?


Department, state 6i`,lAri.dhra pradesh, velagapudi, Amaravathi, Guntur DistrI'Ct, -Andhra Pradesh.[By SpecI'aI Messenger] i=.`l'-=r.,-. i r` +. -

2. The District Transport ``Qom.ini.ssioner, Kurnool, Andhra Pradesh.

i.`..

3. The Motor VehI-CleS Inspector/ Asst. Motor Vehicles Inspector, o/o DTd KurnooI, Andhra Pradesh, (2 & 3 by RPAD)

4. One CC to SRI. CH RAVINDER Advocate [OPUC]

5. Two QCs to GP FOR TRANSPORT, High Court OfAndhra Pradesh.


               [O UT]
                                      I-,,                 -.`,

           6. One spare copy
                                      +|
 HIGH COURT




GRKP,J




DATED : 05/08/2025




LIST THE MATTER ON 22.08.2025




ORDER




\WP.No.18433 of 2025




DIRECTION