J. Sridhar Reddy, v. The State Of Telangana
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3716 OF 2015 O R D E R :
This petition is filed for a writ of Mandamus declaring the action of the respondents 2 to 4 in seizing the petitioners' goods vehicles bearing Nos. TS 08 UB 1213, AP 29TB 8585, TS 08UB 1818, AP 29TA 7686, TS 08 UB 2799, AP 29TB 1128, AP 29TB 8989, AP 23Y 0985, AP 23W 8562 & AP 23W 0042, as illegal and arbitrary and against the principles of natural justice and for a consequential direction to the respondents to give interim custody of the said vehicles to the petitioner forthwith.
It is represented by the learned counsel for the petitioners that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 today giving certain directions and that the present case is covered by the said judgment, which is not disputed by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government Pleader for Revenue and Assistant Government Pleader for Home.
In view of the said representation, following the said judgment, the writ petition is disposed of directing the petitioners to submit applications for release of the vehicles before the competent authority and the competent authority, within three days from the date of receipt of such applications, examine whether the vehicles are used in committing the offence for the first and second time; and if so, consider directing release of the vehicle on payment of the prescribed penalty. If, on the other hand, the vehicles are found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicles after deposit of amount in accordance with Rule-12 of GO.Ms.No.15, dated 19.02.2015 and also on execution of bond along with an affidavit giving
consent to produce the seized vehicles as and when required. Accordingly, the writ petition is disposed of. 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 23.02.2015 Note: issue CC by tomorrow.
B/o.t k.
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT PETITION No.3716 OF 2015 Date: 23.02.2015 tk