Thirumala Cabs, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.40169 of 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of a writ of Mandamus declaring the impugned notice in Rc.No.AP521/Sep.2017/12240 dated 17.11.2017 passed by the 2nd respondent in asking to pay the Tax and penalty for release of the vehicle bearing registration No. AR 02-5710 which was seized on 25.09.2017 by the 3rd respondent under VCR.No.

AP521/Sep.2017/12240 as illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to release the vehicle of the petitioner forthwith and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case."

(Reproduced verbatim) 2.

I have heard the submissions of Sri B. Siva Rama Krishnaiah, learned counsel appearing for the petitioner, and of the learned Government Pleader for Transport appearing for the respondents 1 to

3. I have perused the material record.

3.

At the hearing, learned counsel appearing for the petitioner brings to the notice of the Court the order, dated 14.11.2017, of this Court in W.P.No.38377 of 2017 and makes a request to dispose of the present writ petition also on the same lines. 4.

Learned Government Pleader appearing for the respondents 1 to 3 would submit that the subject vehicle is one of the vehicles for which the registration was cancelled by the Transport Commissioner of Arunachal Pradesh.

MSRM, J W.P.No.40169 of 2017 5.

However, learned counsel appearing for the petitioner would submit that the High Court of Arunachal Pradesh suspended such cancellation orders in respect of the vehicles including the subject vehicle, but such averment is not made in the writ petition affidavit, as in the impugned proceedings there was no reference to the cancellation of registration of the subject vehicle. 6.

Learned Government Pleader also would submit that the petitioner may also be directed to pay the penalty, subject to the result of the appeal. However, this Court is of the considered view that the writ petition can be disposed of following the earlier orders of this Court, which are consistently being passed. 7.

Having regard to the submissions, the Writ Petition is disposed of directing the respondents to release the vehicle bearing Registration No.AR 02-5710 in favour of the petitioner, subject to payment of admitted tax and compounding fee, but however, the assessment proceedings may go on and the penalty imposed may not be recovered for a period of 30 days, as imposition of penalty is appealable; if no appeal is preferred or no order is obtained, the penalty becomes liable to be paid.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 29th November, 2017 Note: Issue C.C. in two (02) days.

(B/o.) KL

MSRM, J W.P.No.40169 of 2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.40169 of 2017 Date: 29th November, 2017 KL