High Court for State of TelanganaWP/30103/2018disposed of no costs

P.Ramanaidu v. The State Of Andhra Pradesh

2018-08-24A V Sesha Sai2 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.30103 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "..... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not releasing the petitioner's TVS ZUST 110 scooty bearing Regn.No.AP03BU3465 seized in Cr.No.86/2018 on the file of the 3rd respondent inspite of the petitioner's readiness to furnish the third party surety, as being illegal, arbitrary and unjust, and consequently direct the 2nd respondent to issue necessary orders for release the above said vehicle, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

At the hearing learned counsel for the petitioner would submit that, in view of the similarity of the facts, this Writ Petition may be disposed of in terms of the interim order, dated 07.11.2017, in W.P.M.P.No.46275 of in W.P.No.37246 of 2017. A copy of the interim order in the said Miscellaneous Petition and the copies of the bills are filed along with the material papers.

Learned Government Pleader appearing for the respondents endorses the said submission.

Accordingly, there shall be a direction to the second respondent to release the petitioner's vehicle viz., TVS ZUST scooty bearing Regn.No.AP-03BU3465, subject to condition of the petitioner depositing Rs.10,000/- (Rupees ten

thousand only) in favour of the second respondent by way of a Fixed Deposit from any Nationalized Bank. It is made clear that the FDR afore-stated shall be subject to the final orders in the proceedings initiated in Cr.No.86/2018 on the file of Piler Prohibition & Excise Station, Chittoor District. The Writ Petition is disposed of accordingly.

Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed. There shall be no order as to costs.

__________________ A.V.SESHA SAI,J 24th August, 2018 Tsy