Baggi Raju v. The State Of Andhra Pradesh Rep.By Its Principal Secretary

pIN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN

Present

Between:

Baggi Rau, S/. Kondanna, Aged 26 years, Occ: Owner of the vehicle bearing N.AP 22 TA 915-Goods Carriage, R/o. Komireddipalli Village, Addakula Mandal, Mahabobnagar District.

.. Petitioner AND The State of Telangana, Rep. by its Principal Secretary to Home Department, Secretariat Buildings, Hyderabad & 3 others .. Respondents The Court made the following:

ORDER:

Questioning the action of the respondents in seizing the goods carriage vehicle bearing registration No.AP 22 TA 4915 belonging to the petitioner without following the due procedure, the petitioner filed the present writ petition.

2. It is represented by the learned counsel for the petitioner that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 on 23.02.2015 giving certain directions and that the present case is covered by the said judgment, which is not disputed by the learned Assistant Government Pleaders appearing for the respondents.

3. In view of the said representation, following the said judgment, the Writ Petition is disposed of directing the petitioner to submit an application for release of the vehicle before the competent authority and the competent authority shall, within three (3) days from the date of receipt of such

application, examine whether the vehicle is 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 vehicle is found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicle after deposit of amount in accordance with Rule-12 of G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.2.2015, and also on execution of bond along with an affidavit giving consent to produce the seized vehicle as and when required. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 12th October, 2015 KL

Date: 12th October, 2015 KL