M. Shivaprasad v. The Commissioner

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION NO.13831 OF 1998 ORDER:

This writ petition is filed seeking to declare the action of the 3rd respondent in seizing the lorry bearing No.ADB 9159 as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to release the said lorry. 2.

It is the case of the petitioner that he is the owner of the lorry bearing No.ADB 9159 and plying the vehicle by following the law of the land, more particularly under the provisions of the Excise and Prohibition Laws. While the matter stood thus, the vehicle was booked in Cr.No.34/97-98, dated 1.2.1998 of Prohibition and Excise Station, Bhainsa, Adilabad District on the allegation that the vehicle is carrying contraband liquor and transporting the same without a valid licence/permit.

3.

Heard.

4.

This Court by order dated 13-5-1998 in W.P.M.P.No.16666 of 1998 directed the respondents to release the lorry to the petitioner and the petitioner has obtained interim custody of the vehicle.

5.

In view of the facts and circumstances of the case and since the petitioner has obtained interim custody of the vehicle, nothing survives for adjudication in this writ petition and accordingly the writ petition is liable to be closed.

6.

Accordingly, the writ petition is closed. No order as to costs. As a sequel, the miscellaneous petitions pending if any shall stand closed.

_______________________ T.AMARNATH GOUD,J Date: 13-07-2018 Shr