High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanyappropriateWrit,orderordirection,moreparticularlyinthe nature of Writ of Mandamus declaring the action of the Respondent No'3 in seizing the vehicle / bus of the Petitioner bearing No. AP 29 V 1717 by issuing Vehicle CheckReportNo.0l464T6dated28,ll.2024anddirectingthePetitionertopaya compounding fee of Rs. 1,75,OOOI- (Rupees One Lakh Seventy-Thousand only) which includes tax of Rs. 62,5OOt- and Penalty of Rs l 12'500! and further keeping the vehicle in the custody of Respondent No 3 herein as arbitrary' illegal ViotationofArticle14,16,21and300-Aoftheconstitutionoflndiaandalso violative of lvlotor Vehicles Act and Rules and direct the Respondents to release the vehicle in the interest of justice. ' lA NO: 2 OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to deliver the interim custody of the vehicle to the Petitioner till the disposal of the Writ Petition. Counsel for the Petitioner: SRI DEEPESH BAHADUR Counsel for the Res;pondents: AGP FOR TRANSPORT The Court made tht, following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.1O142 of 2o.25 ORDER: This writ petition is filed, under Article 226 of the Constitution of India, seeking to deciare the action of respondent No.3 in seizing the petitioner's vehicle/bus bearing No.AP-29-Y-1717 uide vehicle Check Report No.O146476, dated 28.11.2024 and directing the petitioner to pay a compounding fee of Rs. l,75,OOOl- (Rupees One Lakh Seventy-Five Thousand Only), which irrt:ludcs tax of Rs.62,500/- and penaltlr of Rs. 1 ,12,5OO /- and further keeping the vehicle in the custody of respondent No.3, AS arbitrary and iliegal and r'onsequently direct the respondent No.3 to release the aforesaid vehicle.

2. Heard learned counsel for the petitioner and lcart'ied Assistalt Government Pleader for Transport appearing for the respondents. With their consent, this -- SK. J wP 10r.12_2025 writ petition IS disposed of, at the stage of admission itself.

3. It is the case of the petitioner that he is the owner of brrs bearing Registration No.Ap-29_V- lZlZ as a Passenger Vehicle covered by permit in respect of Education Institution Vehicle, Registration and valid documents and the sarne was authorized to operate throughout Telangala State, except on prohibited routes.

4. It is the contention of learned counsel for the petitioner that the petitioner is operating the sub.ject vehicle by obtaining valid documents from the competent authority since lO.l2.2OOg onwards. He further submitted that while plying from Chervo Thanda to Dharpally, the said vehicle was stopped and checked by respondent No.3 and seized the vehicle on 28.11.2024 under the vehicle Check Report No.O146476 and in the said vehicle check report, respondent No.3 founcl the following irregularities : 3 SK, J wt, 10t42_2025 i. No proof of Registration Certihcate ii. No proof of Pollution under Control Certihcate iii. No proof of Driving License iv. No proof of permit v. No proof of Tax from 01.lO-2023 to 31.72'2024 vi. Violation of Road Safety under Section 190(2) of the Motor Vehicle Act, 1988.

5. Learned counsel for the petitioner further contended that the petitioner has approached respondent No'3 stating that he is not using the said vehicle for a long time and he could not ply the said vehicle, as it require major repairs. It is further stated respondent No'3 has insisted the petitioner to pay the tax and imposed a 2OOo/o penaTty on the tax ald compounding fee as a condition for release of the said vehicle.

6. Learned Assistant Government Pleader for Transport appearing lor the respondents has submitted that if the petitioner pays the admitted tax. and 4 - wP t0l.l.:_2025 compounding fee, the vehicle in question wil be rereased. It is further submitted that the respondents may be allowed to proceed for conducting assessment SK,J. proceedings, in accordance with law.

7. In view of the said submissions, the Writ petition is disposed of directing the respondents to release the subject vehicle bearing No.Ap_29_y_IZLT, which was se2ed under vehicle Check Report No.OI464Z6, dated 24.11.2024 subject to the petitioner paying the admitted tax of Rs.62,5OO/- from 01.1O.2023 to 31.12.2024, pending the appeal filed by the petitioner under section 207(2) of Motor Vehicles Act, 19gg r/w Section 12 of A.P.T.S. Motor Vehicles Taxation Act 1963 and Rules 448(A) and (B) of A.p.T.S. Motor Vehicles Rules, 1989. The respondents are at liberty to proceed for conducting assessment proceedings, if any, in accordance with law. There shall be no order as to costs. ts-_ 5 SK..I wP_r0142_20t5

8. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/-8.G. VYJAYANTHI ISTANT REGISTRAR A ,TRUE COPY// SECTION OFFICER 1 at Building, The PrinciP al Secretary, Transport Department, State of Telangan a Hyderabad, Office of the Reg Transport Officer, The District aram. Nizamab Nizamabad, Varni Road, Nag The Assistant Motor Vehicle lnsPector, Code No 5106, Office of District Transport Officer, Nizamabad District, T.S One CC to SRI DEEPESH BAHA DUR. Advocate IOPUC] Two CCs to GP FO Hyderabad [OUT] Two CD CoPies ional TransPo , Telangana - 5 R TRANSPORT, High Court fo r the State of Telangana, at rt AuthoritY, RTA 03001 To 1 2 3 4 5

6. PSK. HIGH COURT DATED:1610412025 ORDER WP.No.101411. of 2025 ce. 1HE 'S 14 /€ c _) 23JUttilm Dr',Sp/, i.Cts .\) (" :l !j L) i, DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/, /4 l4 ,/r//,