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High Court for State of TelanganaWP/3664/2015disposed of no costs

Manne Vamshi v. The State Of Andhra Pradesh Rep.By Its Principal

2015-02-20A.Rajasheker Reddy2 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3664 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents 3 & 4 in seizing the L & T Earth Movers bearing Nos.AP 20 AK 1521 JCB and KA 04 5057 of the petitioners, without following any procedure, 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 petitioners forthwith.

Learned counsel for the petitioners submits that the lis in the writ petition is squarely covered by the order dated 20.01.2015, passed by this Court in WP.No.454 of 2015 and the same is not disputed by the learned Assistant Government Pleader for Panchayat Raj as well as the Government Pleader for Home. Recording the above said submission, the writ petition is disposed of in terms of the order dated 20.01.2015 passed by this Court in WP.No.454 of 2015, directing the petitioners to submit a representation to the Officer who seized the vehicles for its release; the said Officer shall within three days from the date of receipt of the representation examine whether the vehicles were used in committing the offence for the first or the second time; and, if so, consider directing release of the vehicles on payment of the prescribed penalty and also execution of a bond in accordance with Rule 18(vii) of Rules being executed by the owner of the vehicles for its production as and when directed by the competent Court to which such seizure was reported by the Officer who seized the vehicles.

The entire exercise, culminating in an order being passed, shall be completed within three days from the date of submission of the representation by the petitioners; and necessary action shall be taken for release of the vehicles, in cases falling within the ambit of Rule 18(i)(a), on payment of the prescribed penalty; and also on execution of bond being executed in terms of Rule 18(vii) of the Rules. 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 20.02.2015 t k.