High Court for State of TelanganaWP/4666/2015disposed of no costs

Chintha Sriramulu, v. The State Of Andhra Pradesh

2015-02-26A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.4666 of 2015 Date: 26-02-2015 Between:

Chintha Sriramulu .... 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.4666 of 2015 ORDER:

This writ petition is filed for a Mandamus declaring the action of the respondents in seizing the petitioner's tractor and trailor bearing Nos.AP-26-TA-1332 and AP-26-TA-1334 without following any procedure as contemplated under the law 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. When the matter is taken up for hearing, learned counsel for the petitioner submitted that in similar circumstances, this Court disposed of W.P.No.744 of 2015 on 27-01-2015 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 Home.

3. In view of the said representation, following the ratio laid

down in the said judgment, it is for the petitioner to make appropriate application to the competent authority along with copy of transit way bill and other relevant documents, if any, and the competent authority may, after satisfying with genuineness of the copy of the transit way bill and other relevant documents, if any, produced by the petitioner, consider the same and pass appropriate orders for release of the subject lorry and if the competent authority is not satisfied, the vehicle may be released keeping in view the guidelines issued by the Government vide G.O.Ms.No.95, dated 28-08-2014 for imposing penalties. With the above observation, the writ petition is disposed of. There shall be 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 Date: 26-02-2015 Ksn