High Court for State of TelanganaWP/32152/2018disposed of no costs

Simhadri Naga Narasimhulu v. The State Of Andhra Pradesh

2018-09-28A V Sesha Sai2 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.32152 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 Splendor Motor Cycle bearing Regn.No.AP-21-BH-7464 seized in Cr.No.186/2018 inspite of the petitioner's readiness to furnish the third party surety, as being illegal, arbitrary and consequently direct the 2nd respondent to release the above said vehicle, and to grant such other relief or reliefs as this Hon'ble Court may deems 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 2017 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., Splendor Motor Cycle bearing Regn.No.AP-21-BH-7464, 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.186/2018 on the file of Nandyal Prohibition & Excise Station, Kurnool District.

The Writ Petition is disposed of accordingly. Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed. No order as to costs.

_________________________ JUSTICE A.V.SESHA SAI Date :28.09.2018 Smr