Sri Varri Shiva v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.26068 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the third respondent in seizing petitioner's Tractor bearing No.AP 35 U 6249 and Trailer bearing No.AP 35 U 9667 as illegal and arbitrary and consequently direct the third respondent to release the above mentioned vehicle to the petitioner forthwith.

2. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development, the learned Government Pleader for Home and the learned Government Pleader for Revenue (Andhra Pradesh).

3. Learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by the decision of this Court in Writ Petition No.28622 of 2015 dated 08.09.2015 and that a large number of similar and identical cases have been disposed of directing the authorities to release the seized vehicles in terms of G.O.Ms.No.95, Industries and Commerce (Mines.IV) Department, dated 28.08.2014 read with G.O.Ms.No.6, dated 12.01.2015.

4. While concurring with the aforesaid submissions made by the learned counsel for the petitioner, the learned Government Pleaders would submit that this writ petition may be disposed of in similar lines to the order of this Court in writ petition No.28622 of 2015.

5. In view of the above, the third respondent is hereby directed to consider the application of the petitioner for release of the

vehicle and pass appropriate orders thereon in the light of the aforementioned G.Os within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 04.08.2016 Rns