Cause title — parties, addresses and appearances
APHC010502582025
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IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
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WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBEl^tg^r
TWO THOUSAND AND TWENTY FIVE
sf'.
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 25960 OF 2025
Between:
B. Venkateswararao, S/o. Pullarao,
Aged 32 years, Occ.
Business
R/o.
D.N0.5-73-K,
Nagarajupalli
Road,
District.
Marturu
Mandal,
Prakasam
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary,
Revenue
(Commercial
Taxes-1)
Department
Amaravati, Guntur District.
2. The Chief Commissioner State Taxes Department, D.No.
12-468-4,
Adjacent To NH-16, Service Road, Kunchanapally, Guntur District.
3. The Joint Commissioner, State Taxes Department,
D.No.37-1-401,3rd
Floor, Vijaya Complex, Dharavani Thota Ongole, Prakasam District.
4. The Assistant Commissioner,
State Taxes Department,
Circle, Ongole, Prakasam District.
5. The Deputy Assistant Commissioner, State Taxes Department (ST) -1
D.No.22-18-3, Pattabhi, Ongole, Prakasam District-523001.
Secretariat,
Velagapudi
Ongole-ll
...Respondents
. \
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
order or direction more particularly one in the
pleased to issue any writ or
nature of Writ of Mandamus by declaring the action of respondents in seizing
vehicle of the petitioner bearing Registration No.AP39TU7029 without
affording the petitioner an opportunity, without following the due
process of
illegal, arbitrary, unconstitutional, violative of
principles of natural
justice. Articles 14, 21 and 300-A of the
Constitution of India, consequently
direct the respondents herein to
release of the vehicle
of the
petitioner
the
law
as
bearing Registration No. AP39TU7029.
lA NO: 1 OF 2025
Petition under Section 151 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 release of the vehicle of
the petitioner bearing
Registration No.AP39TU7029, pending disposal of the above writ petition.
Counsel for the Petitioner; SRI GINJUPALLI SUBBA RAO
Counsel for the Respondent Nos.1 to 5: GP FOR COMMERCIAL TAX
The Court made the following
APHC010502582025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3529]
WEDNESDAY. THE TWENTY FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 25960/2025
Between:
1.B. VENKATESWARARAO, S/0. PULLARAO, AGED 32 YEARS, OCC.
BUSINESS.
R/0. D.N0.5-73-K. NAGARAJUPALLI ROAD,
MARTURU
MANDAL, PRAKASAM DISTRICT.
...PETITIONER
AND
1.THE
STATE
OF ANDHRA
PRADESH,
REP.
BY
ITS
PRINCIPAL
SECRETARY,
REVENUE (COMMERCIAL TAXES-1) DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2.THE CHIEF COMMISSIONER STATE TAXES DEPARTMENT. D.NO.
12-468-4,
ADJACENT
TO
NH-16
KUNCHANAPALLY, GUNTUR DISTRICT.
SERVICE
ROAD.
3.THE
JOINT
COMMISSIONER,
STATE
TAXES
DEPARTMENT,
VIJAYA
COMPLEX,
DHARAVANI
D.NO.37-1-401,3RD
FLOOR.
THOTA ONGOLE, PRAKASAM DISTRICT.
4.THE ASSISTANT COMMISSIONER, STATE TAXES DEPARTMENT
ONGOLE-LL CIRCLE, ONGOLE. PRAKASAM DISTRICT.
5.THE
DEPARTMENT
(ST)
-1
PRAKASAM DISTRiCT-523001.
DEPUTY
ASSISTANT
COMMISSIONER,
STATE
TAXES
D.NO.22-18-3.
PATTABHI,
ONGOLE,
...RESPONDENT(S):
2
Petition under Article 226 of the Constitution of India praying that
in the
circumstances stated
in the affidavit filed therewith, the High Court may be
pleased topleased to issue any writ or order or direction more particularly one
in the nature of Writ of Mandamus by declaring the action of respondents in
seizing the
vehicle of the petitioner bearing Registration No.AP39TU7029
without
affording
the
petitioner an
opportunity, without following
the due
process of law as illegal, arbitrary, unconstitutional, violative of
principles of
natural
justice.
Articles
14,
21
and
300-A
of
the
Constitution
of
India,
consequently direct the respondents herein to
release of the vehicle of the
petitioner bearing Registration No. AP39TU7029 and to pass
lA NO: 1 OF 2025
Petition under Section 151 CPC
praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to direct the respondents to release of the vehicle of
the petitioner
bearing Registration No.AP39TU7029, pending
disposal
of the above
writ
petition and to pass
Counsel for the Petitioner:
1.GINJUPALLI SUBBA RAO
Counsel for the Respondent(S):
1.GP FOR COMMERCIAL TAX
3
The Court made the following Order: (perHon’ble Sri Justice R. Raghunandan Rao)
The petitioner is the owner of a Lorry bearing Registration No.AP
39 TU 7029. The said vehicle, while transporting granite raw
blocks from
Murukupudi to Chennai, was seized by the 4*^ respondent,
on 06.09.2025.
Apart from this, the 4"^ respondent, had also seized the granite raw blocks,
which have been transported in the said vehicle, on the ground that, a proper
E-Way
Bill
was
not
available.
The
petitioner
had
approached
the
4"^
respondent for release of the vehicle. As the same was not being acceded,
the petitioner has approached this Court, by way of the present Writ Petition.
Learned counsel appearing
for the
petitioner would
draw
the
attention of this Court to a Judgment, dated 03.08.2023, of a Division Bench of
this Court, in W.P.No. 15481 of 2023 & batch. In the said judgment, a Division
Bench of this Court, after considering a similar situation was pleased to pass
t'. - HIGH COURT DATED:24/09/2025 ORDER WP NO. 25960 OF 2025 09OCTM25 m X.' # Current Secuon ^ DISPOSING OF THE W.P. WITHOUT COSTS
