Jalli Nageswara Rao v. The State Of Andhra Pradesh, Rep. By Its Principal

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.6592 of 2015 Date: 18-03-2015 Between:

Jalli Nageswara Rao .... Petitioner AND The State of Andhra Pradesh, represented by its Principal Secretary to Panchayat Raj Department, Hyderabad and 2 others .... Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.6592 of 2015 ORDER:

This writ petition is filed for a writ of Mandamus declaring the action of the respondents in seizing the petitioner's tractor and trailer bearing Nos.AP31-CJ-2756 and AP-31-TW-6877 without following any procedure contemplated under the Statute as illegal, arbitrary and violative of principles of natural justice and for a consequential direction to the respondents to release the said vehicle for interim custody to the petitioner forthwith.

2. It is represented by the learned counsel for the petitioner that in similar

circumstances, this Court disposed of W.P.No.36914 of 2014 on 04-12-2014 giving certain directions and that the present case is squarely covered by the said judgment, which is not disputed or denied by the learned Assistant Government Pleader for Panchayat Raj (Andhra Pradesh), Assistant Government Pleader for Revenue and Assistant Government Pleader for Home.

3. In view of the said representation, following the ratio laid down in the said judgment, the petitioner is directed to submit a representation to the officer who seized the vehicle; the said officer shall within three days from the date of receipt of the application 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 also on execution of bond 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.

4. 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 case falling within the ambit of Rule 18(i) (a) on payment of the prescribed penalty and also on execution of a bond in terms of Rule 18(vii) of the Rules. The writ petition is disposed of accordingly. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

_____________________ A. RAJASHEKER REDDY, J Date: 18-03-2015 Ksn