High Court · 2025
Case Details
Acts & Sections
6. Patea Prabhakar, S/o Patea Srishailam, Aged about 38 years, Hindu, Occ. Business, Rl/o H.No.1-58, Yenkathala, Near Bus Stand, IMominpet, Vikarabad, Ranga Reddy, Te[angana State. Vehicle R.No.TS-'12-UA-5442.
7. Mohd Ayub, S/o Mohd Yakhub, Aged about 32 years, Muslim, Occ. Business, Fl/o 4-R:C1542, Prem Nagar, New Hafeezpet, Serilingampally, Ranga Reddy District. Vehicle R.No.AP-29-V-0097.
8. Metre Santosh Kumar, S/o Metre Narsing Rao, Aged about 31 years, Hindu, Occ. Business, Rl/o H.No.10-4-81170, Addagufta, Near Masjid, East Marredpally, Secunderabad, Telangana State. Vehicle R.No.AP-29-TB-4573, TS-08-UA-1 380, AP-29-TB-5301.
9. Rekala Lalu, S/o Rekala Lingaiah, Aged about 38 years, Hindu, Occ. Business, R/o H.No.1-1 161414, Surya Nagar, Bank Colony, tvlallapur, Uppal, Hyderabad, Telangana State. Vehicle R.No.AP-29-W-1566. l0.Javiduddin Mahammad, S/o Md. Rafiq Uddin, Aged about 30 years, Muslim, Occ. Business, FUo H.No.5-4-8212, kukatpally' Medchal-lMalkajgiri Dis-trict Telangana Staie. Vehicle R.No.TS-1 1-UC-7607 vehicle R.No. A.P.25V 3028 Vehicle R.No. A.P. 29V 6868. .....PETITIONERS AND
1. The State of Telangana, Represented by its Principal Secretary Transport Department, T.S.Secretariat, Hyderabad, Telangana State.
2. The Transport Commissioner, Dr. B.R. Ambedkar Transport Bhavan, Beside Press Club, Hyderabad, Telangana State.
3. The Joint Transport Commissioner and Secretary, Regional Transport Authority, Hydeiabad (Central), Khairatabad, Hyderabad, Telangana State.
4. The Deputy Transport Commissioner and Secretary,.Reglglql Jransport Authority, Ranga Reddy Central, Attapur, Ranga Reddy District, Telangana State.
5. The Regional Transport Officer, Office of the Regional.Transport Authority, HyderaEad North Zdne, fMehdipatnam, Hyderabad, Telangana State. 6. The Regional Transport Officer, Office of the Regional Transport Authority, Secunderabad, Hyderabad, Telangana State.
7. The District Transport Officer, Office of the Regional Transport Authority, Medchal, Medchal-lrr'lalkajgiri District, Telangana State. B. The District Transport Officer, Office of the Regional Transport Authority, lbrahimpatnam, Ranga Reddy District, Telangana State.
9. The District Transport Officer, Office of the Regional Transport Authority, Uppal, Medchal-Malkajgiri District, Telangana State.
10.The District Transport Officer, Office of the Regional Transport Authority, Vikarabad, Ranga Reddy District, Telangana State. .,...RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction especially one in the Nature of Writ of Mandamus deelaring the action of the Respondents in not accepting the payment of tax for the present quarter i.e.31lO3l2O22 on the ground of non-payment of tax and penalty for the Q.E. 3111212O2O lo 31- 12-2021 as illegal, arbitrary, violative of Article 19(1)(g) of the Constitution of lndia and contrary to Section 3 of Telangana Motor Vehicles Taxation Act and Consequently direct the respondents to accept the payment of tax for the present qua(er i.e.31-03-2022 in respect of the vehicles of the petitioners without insisting payment of tax and penalty for previous quarters i.e. for the Q.E. 31-12-2O2O to 31-12-2021 . I.A.NO:2 OF 2022 Between
1. The State of Telangana, Represented by its Principal Secretary Transport Department, T.S.Secretariat, Hyderabad, Telangana State.
2. The Transport Commissioner, Dr. B.R. Ambedkar Transport Bhavan, Beside Press Club, Hyderabad, Telangana State.
3. The Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad (Central), Khairatabad, Hyderabad, Telangaha State.
4. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Ranga Reddy Central, Attapur, Ranga Reddy District, Telangana State.
5. The Regional Transport 9fficer, Office of the Regional Transport Authority, Hyderabad North Zone, Mehdipatnam, Hyderabad, Telangana State. 6. The Regional Transport Offiqer, Office of the Regional Transport Authority, Secunderabad, Hyderabad, Telangana State.
7. The. District Tglspgrt Officer, Office of the Regional Transport Authority, lVledchal, Medchal-Malkajgiri District, Telangana State. B. The District Transport Officer, Office of the Regional Transport Authority, lbrahimpatnam, Ranga Reddy District, Telangana State.
9. The District Tran-spot Officer, Office of the Regional Transport Authority, Uppal, Medchal-tr/alkajgiri District, Telangana State. -l0.The District_Transport Officer, Office of the Regional Transport Authority, Vikarabad, Ranga Reddy District, Telangana State. .....PETITIONERS/RESPONDENTS ANO I 2 J Atluri Rama Seshagiri, S/o A. Soma Sekhar, Aged about 58 years, Hindu, Occ. Business, R/o H.No.1-2-38l4, Goutami Nagar, Behind Green Couri Apartments,-Nizampet, Quthubullapur, Telangana State. Vehicle R.No.KA-o1- AA-5328. Kale Mallesh, S/o Kale Adamaiah, Aged about 33 years, Hindu, Occ. Business, R:/o H.No.8-1-3/37, Road No.2, New padha Nagar iolony, Clampqpet, Saroornagar, Ranga Reddy District, Telangana Stite. Vehich R.No.TS-07-UF-7811 Gudhu Sahab Shaik, S/o Shaik Chunnu Sahab, Aged about 60 years, Muslim, Occ. Business, Rl/o H.No.4-25-4Sl9lS, Suleman- Nagar, Neai Aleem Masi Pqiry fgrT, Rajendranagar, Ranaga Reddy District, T6langana State. Vehicld R.No.AP-29-V-8'106.
4. Shiv Kumar Swamy, S/o Shankarayya Swamy, Aged about 34 years, Hindu, Occ. Business, Rl/o Plot No.33, Survey No. l62lP, Praqati Colonv, Mailardevpally, Rajendranagar, Ranga Reddy District, Tetarigana Stat6. Vehicle R. No.TS-07-UH-2031.
5. Rupureddy Malla Reddy, S/o Gopal Reddy, Aged about 36 years, Hindu, Occ. Business, Rl/o H.No. 11-58/5/8, Ground Floor Room No.1, Near lClCl Bank, Gachibowli, Serilingampally, Ranga Reddy District, Telangana State. Vehicle R.No.AP-24-TB-9568.
6. Patea Prabhakar, S/o Patea Srishailam, Aged about 38 years, Hindu, Occ. Business, F/o H.No.1-58, Yenkathala, Near Bus Stand, lvlominpet, Vikarabad, Ranga Reddy, Telangana State. Vehicle R.No.TS-12-UA-5442.
7. Mohd 4yrlb, Slo Mohd Yakhub, Aged about 32 years, Muslim, Occ. Business, No 4-R-C1542, Prem Nagar, New Hafeezpet, Serilingampally, Ranga Reddy District. Vehicle R.No.AP-29-V-0097.
8. Metre Santosh Kumar, S/o Metre Narsing Rao, Aged about 31 years, Hindu, Occ. Business, Rl/o H.No.10-4-Bl17O, Addagutta, Near Masjid, East Marredpally, Secunderabad, Telangana State. Vehicle R.No.AP-29-TB-4573, TS-08-UA-1 380, AP-29-TB-5301 .
9. Rekala Lalu, S/o Rekala Lingaiah, Aged about 38 years, Hindu, Occ. Business, R/o H.No.1-1161414, Surya Nagar, Bank Colony, Mallapur, Uppal, Hyderabad, Telangana State. Vehicle R.No.AP-29-W-'1566. . . ' l0.Javidrrldin Mahammad, S/o Md. Rafiq Uddin, Aged about 30 years, Muslim, Occ. Business, Rl/o H.No.5-4-8212, Kukatpally, Ir/edchal-Malkajgiri District, Telangana State. Vehicle R.No.TS-1 1-UC-7607 vehicle R.No. A.P.25V 3028 Vehicle R.No. A.P. 29V 6868. .....RESPONDENTS/PETITIONERS 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 pteased to vacate the interim orders dl: 24.03.2022 passed in Wp.No..l 5 192 of 2022 and dismiss the writ petition. Counsel for the Petitioners : SRI RAJANIKANTH JWALA Counsel forthe Respondents : GP FOR TRANSPORT The Court made the following ORDER THE HON'BLE SRIJUST ICE NAGESH BHEEMAPAKA WRIT PETITION No.1 5t820F 2022 ORDER: The petitioners are aggrieved by the respondent authorities not accepting payment of tax for the present quarter i.e. 37.03.2022 on the ground that the petitioners have not paid the tax and penalty for the q ua rter end i n g 37.1,2.2020 to 3 1_.1,2.2021,.
2. On 07.L1-.2O24, it was represented that Mr. Rajnikanth Jwala, learned counsel for the petitioner passed away. This court therefore directed the Registry to issue notice to the petitioners. The notice though sent appears to have not been served on the petitioners yet. 3. Today, when the matter is taken up, learned Government Pleader for Transport, submits that this court passed interim orders in this writ petition and therefore no further orders may be required and the matter may be disposed of. \
4. This Court, on 24.03.2022, passed the following interim orders in this writ petition: "ln similar matters, an interim direction had already been granted directing the petitioners therein to pay the tax for the current quarter without insisting on payment of previous taxes in W.P.No.13258/22 and batch. Hence, the petitioners are directed to make Application for granting exemption from payment of tax for the previous quarters i.e. from 31.12.2O201o 31.12.2021with an undertaking that in the event of declining the relief prayed by them, they will pay the arrears of the tax for the previous quarters also. On making such Applications, the respondent authorities are directed to permit the petitioners to make payment of tax for the present quarter ending 31st March 2022 and to ply the vehicles for the said quarter. The competent authority may independently verify the eligibility of the petitioners for exemption from payment of tax for the previous period and pass orders as warranted by law. The petitioners are therefore, directed to make the payment before 28th March 2O22.ln case the petitioners fail to make the payment as directed above, the respondents are at liberty to take action in accordance with law." ln view of the interim orders dated 24.03.2022, this Court is of
5. the view that interim orders would sulfice and no further orders are required in this writ petition.
6. Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR SECTIO OFFICER To
1. The Principal Secretary, Transport Department, T.S.Secretariat, State of Telangana at Hyderabad, Telangana State.
2. The Transport Commissioner, Dr. B.R. Ambedkar Transport Bhavan, Beside Press Club, Hyderabad, Telangana State.
3. The Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad (Central), Khairatabad, Hyderabad, Telangana State.
4. The Deputy Transport Commissioner and Secretary, Regional Transport Authority, Ranga Reddy Central, Attapur, Ranga Reddy District, Telangana State.
5. The Regional Transport Officer, Office of the Regional Transport Authority, Hyderabad North Zone, Mehdipatnam, Hyderabad, Telangana State. 6. The Regional Transport Officer, Office of the Regional Transport Authority, Secunderabad, Hyderabad, Telangana State.
7. The District Transport Officer, Office of the Regional Transport Authority, Medchal, Medchal-Malkajgiri District, Telangana State.
8. The District Transport Officer, Office of the Regional Transport Authority, lbrahimpatnam, Ranga Reddy District, Telangana State. .-.''+..',-!- l_.__- I 9' The District rransport offic^er, office of the Regionar rransport Authority, Uppal, Medchat-[Vlatkaioiri Oirtrict, i"frng"r;;3;,; 10' The District rransoorl iifficer, office of *;-R;gi;;;r Transport Aurhoriry, .. Vikarabad, Ranga Reddy oiririct, ilrlns;; S1;;"' " Iyo""?,t::flli- rdnr'rsponr, uisil6l,"i1;;,he State orrerangana u, / 13. ?;i 3B tosRr RAJANTKANTH JWALA, Advocate topucl SA GJP ?q. i': K -.*l ., HIGH COURT DATED:2210112025 t l ORDER WP.No.15182 of 2022 i r,t.,t Srr ) /.: o o ($ f ai, +.d 17JUl,l m l) ts.,,r:- 6'rr (;r) * DISPOSING OF THE W.P WITHOUT COSTS. F{q, a\q\''f