Byagari Mogulappa, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.1924 of 2017 ORDER:

Heard learned counsel for petitioners and the Assistant Government Pleader for respondents.

Petitioners 1 and 2 complain against the seizure of their vehicles i.e., tractor bearing No.TS 07 UTR 0305 and trailor bearing No.AP28TB 6078 respectively, as illegal and arbitrary. Counsel for petitioners relies upon the orders passed by this Court directing release of seized vehicles in accordance with the applicable Government orders.

The Assistant Government Pleader submits that the vehicles are being produced before the concerned Magistrate and application is required to be made for release of the vehicles.

Learned counsel for petitioners submits that even if the vehicles are deposited before the concerned competent Court, still the authorities are empowered to consider request of petitioners for release of vehicles. Having regard to the above submission, the writ petition is disposed of as follows: Since policy decision is taken in G.O.Ms.No.3 dated 08.01.2015 and G.O.Ms.No.15 dated 19.02.2015 for release

of vehicles, the petitioners are given liberty to bring the same to the notice of the Court when their applications are considered for release of vehicles. However, the respondents are also at liberty to release the seized vehicles by keeping in mind the competence and jurisdiction to release the vehicles if it is already deposited with the competent Court. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J 20th January, 2017 ssp