K. Ramanjaneya Achari, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.40807 OF 2016 Dated:29.11.2016 Between:

K. Ramanjaneya Achari, S/o. K. Govindaiah, Aged about 38 years, Lorry Owner, R/o.1-28, Krishnagiri, Kurnool, Kurnool District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, General Administration Department, A.P. Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.40807 OF 2016 ORDER:

The petitioner alleges that while he was carrying on boulder of foundation stones in his Goods Vehicle bearing registration No.AP 21TY 6307, the same was seized on 28.06.2016, along with two other vehicles, and they were kept in the office of the Motor Vehicle Inspector, the 3rd respondent. The grievance of the petitioner is that since the vehicle is kept in the open space exposed to sun-light and air, it is being damaged and in spite of making several requests to the 3rd respondent through e-mails for release of the vehicle, no action is taken by him. 2.

Learned Government Pleader for Transport, on written instructions, submits that on an application filed by the owners of two other vehicles, which were seized, along with vehicle of the petitioner, they were released on payment of penalty, whereas the vehicle of the petitioner was not released. It is further stated that on the mails sent by the petitioner to the office of the 3rd respondent, they were responded, but the petitioner did not revert back to the said mails. On 09.11.2016, the 3rd respondent issued notice informing the petitioner to attend the concerned office and pay penalty and then obtain release orders. 3.

Having regard to the said instructions, learned counsel for the petitioner submits that the petitioner may be permitted to make an application before the 4th respondent for release of the vehicle and the 4th respondent may pass appropriate orders in

accordance with law within a period of ten days from the date of submission of such application.

4.

The Writ Petition is accordingly disposed of granting liberty to the petitioner to make an application before the 4th respondent for release of his vehicle and in the event of filing such application, the 4th respondent shall consider the same and pass appropriate orders, in accordance with law, within a period of ten days from the date of submission of the application by the petitioner. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:29.11.2016 KH