Lande Prasad v. The State Of T.S.

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.4388 of 2018 ORDER :

Heard the counsel for petitioner, the learned Government Pleader for Industries for 1st respondent, and the learned Government Pleader for Home for 2nd respondent.

2.

It is stated by counsel on both sides that the issue raised in this Writ Petition is covered by the order dt.13.11.2017 passed in WP.No.38101 of 2017.

3.

Accordingly, for reasons alike, this Writ Petition is also allowed as under :

"The petitioner is at liberty to approach the learned Magistrate in case the vehicles are produced before the learned Magistrate and file an application as per the procedure established by law and seek release of the vehicles by bringing to the notice of the Court the policy decision taken by the Government and the terms of the G.O.Ms.No.15, dated 19.02.2015, if the petitioner so desires, or, in the alternative the petitioner may make a request to the 2nd respondent by filing appropriate application for release of the vehicles, and, if any such application comes to be filed before the 2nd respondent, the 2nd respondent is at liberty to pass appropriate orders as per terms of G.O.Ms.No.15, dt.19.02.2015, after examining the competence and jurisdiction to release the vehicles, in the event the said vehicles are produced before the Court concerned. It is needless to state that the application, if any, filed by petitioner before either the Court or the 2nd respondent shall be disposed of on the same day in the interest of justice."

4.

Accordingly, the Writ Petition is allowed as above. No order as to costs.

MSR,J wp_4388_2018 ::2::

5.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 22.03.2018 Ndr/*