Gall Siva v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.42792 of 2015 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed assailing the action of the 6th respondent-the Station House Officer, T. Sundupalli Police Station in seizing the tractor-trailer bearing engine no.E3304732, chassis no.T05-3274215 and TR serial no.T3274462 of the petitioner, on the ground that the said vehicle was transporting sand without any permission, and in detaining the said vehicle loaded with sand at the police station without releasing it, as arbitrary, illegal and contrary to law.

The learned counsel for the writ petitioner would submit that this Court has disposed of writ petitions seeking similar reliefs by directing releases of the vehicles involved in similar cases subject to certain conditions and that, therefore, this writ petition may be disposed of by passing similar orders as were passed earlier by this Court in similar writ petitions.

The learned Government Pleader for Revenue representing the 4th respondent and the learned Government Pleader for Home representing the 6th respondent would submit that the 4th respondent is competent to release the vehicle as per G.O.Ms.No.6 dated 12.01.2015, though the vehicle was seized by the 5th respondent. In view of the undisputed legal position and the facts and the ratio laid down in the order dated 07.01.2015 passed in writ petition no.98 of 2015, which was followed by this Court in the W.P.no.3866 of 2015, the 4th respondent is directed to consider the representation dated 15.12.2015 of the petitioner and direct the release of the aforementioned vehicle on payment of prescribed penalty and also on

execution of a bond in accordance with the relevant rules by the owner of the vehicle for its production as and when directed by the competent Court to which the seizure was reported by the Officer who had seized the vehicle. The entire exercise culminating in an appropriate order to be passed accordingly shall be completed within three (3) days from the date of the receipt of a copy of this order; and, necessary action as required under law shall accordingly be taken for release of the aforementioned vehicle.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

______________________ M.Seetharama Murti, J 31st December, 2015 Note: Furnish C.C. in three days.

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