Boddupalli Durga v. The State Of Andhra Pradesh, Represented By Its Principal

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.918 OF 2015 O R D E R :

It is submitted by the learned counsel for the petitioner that in similar circumstances, this Court disposed of WP.No.36914 of 2014 on 04.12.2014.

Learned Assistant Government Pleader for Mines and Industries not disputed the same.

In view of the above, following the order dated 04.12.2014, passed in WP.No.36914 of 2014, this writ petition is disposed of by observing as follows;

"Having regard to the above provision, the petitioner is directed to submit a representation to the officer who seized the vehicle for its release; the said officer shall within three days from the date of receipt of the representation examine whether the vehicle was used in committing the offence for the first or the second time; and, if so, consider directing release of the vehicle on payment of the prescribed penalty and on execution of bond, in accordance with Rule 18(vii), by the owner of the vehicle for its production as and when directed by the competent Court to which such seizure was reported by the Officer who seized the vehicle.

The entire exercise, culminating in an order being passed, shall be completed within three days from the date of submission of the representation by the petitioner; and necessary action shall be taken for release of the vehicle, in cases falling within the ambit of Rule (i) (a), on payment of the prescribed penalty; and, in other cases, on a bond being executed in terms of Rule 18(vii) of the Rules."

There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the

writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 23.01.2015 t k.