K. Rajaendra Prasad And 2 Others v. Prl.Secy. Panchayat Raj Dept. Hyd. And 4 Others

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4187 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents 4 & 5 in seizing the petitioners' Tractor and Trailer bearing Nos. 1) AP 04 X 8392-AP 04 X 8391 2) AP 21 TU 5645-AP 21 TU 6266 and 3) AP 21 TY 8201-AP 21 TY 8216, 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. It is represented by the learned counsel for the petitioners that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015, on 23.02.

2015 giving certain directions and that the present writ petition is covered by the said judgment, which is not disputed by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government Pleader for Revenue and Assistant Government Pleader for Home. In view of the said representation, following the said judgment, the writ petition is disposed of directing the petitioners to submit an application for release of the vehicles before the competent authority and the competent authority, within three days from the date of receipt of such applications, examine whether the vehicles are used in committing the offence for the first and second time; and if so, consider directing release of the vehicles on payment of the prescribed penalty.

in accordance with Rule-12 of GO.Ms.No.15, dated 19.02.2015 and also on execution of bond along with an affidavit giving consent to produce the seized vehicle as and when required. Accordingly, the writ petition is disposed of. 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 25.02.2015 tk.