Garikapati Durga Prasad v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38374 of 2015 26.11.2015 Between:

Garikapati Durga Prasad .. Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Home Department, Hyderabad and others .. Respondents Counsel for the petitioner: M/s.Pillix Law Firm Counsel for respondent Nos.1 and 2: Government Pleader for Home (AP) Counsel for respondent No.3: Assistant Government Pleader for Revenue (AP) The Court made the following:

ORDER:

Feeling aggrieved by the seizure of his lorry bearing No.AP 07 TU 3717, while it was transporting the sand on 19.11.2015, the petitioner filed this writ petition. The petitioner has averred that the ground on which respondent No.2 has seized his lorry is that it was transporting the sand in excess of the permissible weight. The petitioner has further averred that a representation was made on 20.11.2015 to respondent No.3 for release of the seized lorry and that instead of releasing the lorry, the said respondent has been demanding Rs.45,000/-, which is not permissible.

The learned Assistant Government Pleader for Revenue (AP) appearing for respondent No.3 submitted that the petitioner has not filed any proof of his making representation to the said respondent. He has further submitted that respondent No.3 will verify whether the petitioner has made such a representation or not and if such a representation as claimed by the petitioner is made, the said respondent will pass appropriate orders thereon.

In the light of the above noted submissions of the learned Assistant Government Pleader for Revenue (AP), the Writ Petition is disposed of with the direction to respondent No.3 to consider the representation of the petitioner, if any made; take a decision thereon and communicate the same to the petitioner within a period of three days from the date of receipt of a copy of this order. As a sequel to disposal of the writ petition, W.P.M.P.No.49400 of 2015 filed by the petitioner for interim relief shall stand disposed of as infructuous. _________________________ C.V.NAGARJUNA REDDY, J 26th November, 2015 GHN