Adari Anandarao, v. Prl.Secy., Mines Dept., State Of A.P.,
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.14082 of 2018 ORDER:
Heard counsel for petitioners and the Government Pleader for Industries appearing for respondents.
2.
It is stated by the counsel ion both sides that the issue raised in this Writ Petition is covered by the order dt.19.12.2017 in W.P.No.42565 of 2017.
3.
Therefore, for reasons alike, this Writ Petition is also allowed. In case, the seizure of the Tractor and Trailer is reported to the Court of the learned Magistrate as per procedure and/or the same are deposited/produced before the Court, the learned Magistrate concerned shall release and give interim custody of the Tractor and Trailer bearing No.AP 26 Y 4477 to the petitioner, however, on the petitioner furnishing personal bonds and third party sureties to the satisfaction of the learned Magistrate concerned and on further undertaking that they will not alienate or transfer the subject Tractor and Trailer in any manner and will maintain them in the same good and road worthy condition without changing any of their features and major parts and shall produce them along with its vehicular documents at a specified place or before a specified authority as and when directed. However, in case the seizure of the Tractor and Trailer is not already reported to the Court concerned as per the law and the same are not already produced/deposited before the Court of the
MSR,J W.P.No.14082 of 2018 competent Magistrate, the competent authority shall release and give interim custody of the Tractor and Trailer to the petitioner however, on the petitioner furnishing personal bonds and third party surety/sureties to the satisfaction of the said competent authority and/or further giving an undertaking on the same lines as indicated supra. On the petitioner approaching the Court or the competent authority, as the case may be, and making a request, along with a copy of this order, for release of the Tractor and Trailer, the necessary exercise as indicated supra shall be completed within two days from the date of the request of the petitioner.
4.
As a sequel, the miscellaneous petitions, if any pending, shall stand closed.
__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 20-04-2018 kvr