S. Narayana Reddy, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.40836 OF 2016 Dated:29.11.2016 Between:

S. Narayana Reddy, S/o.Narayana Reddy, Aged about 35 years, Lorry Owner, R/o.4-454-2, Sreeramulapet, Tadipatri, Ananatapur 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.40836 OF 2016 ORDER:

Heard. With the consent of learned counsel for the parties, the Writ Petition is disposed of at the stage of admission. 2.

The petitioner alleges that his Goods Vehicle bearing registration No.AP 02TA 9599 was seized on 29.10.2016, while he was carrying granite blocks. A show cause notice, dated 13.11.2016, was issued to the petitioner requiring him to submit a detailed explanation on the points mentioned therein. The petitioner claims that he submitted explanation on 19.11.2016 clarifying the points raised in the said show cause notice. The grievance of the petitioner necessitating in instituting this Writ Petition is that even though explanation was submitted on 19.11.2016, so far no decision is taken and since the vehicle is kept in the open space exposed to sun-light and air, it is being damaged.

3.

Learned counsel for the petitioner would submit that there is no justification to keep the vehicle of the petitioner in the custody of the 3rd respondent without passing orders on the explanation submitted by him.

4.

Learned Government Pleader for Transport does not dispute the contention that the issue is not finalised and it is at the stage of receiving explanation.

5.

Having regard to these submissions, the Writ Petition is disposed of directing the 1st respondent to consider the

explanation, dated 19.11.2016, submitted by the petitioner and pass appropriate orders within a period of ten days from the date of receipt of a copy of this order. If the petitioner is aggrieved by the orders to be passed by the 1st respondent, it is open to him to work out his remedies as available in law. 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 Note:- Issue C.C. in three days.

(B/o) KH