Telangana High Court

WP/42792/2015 of Gall Siva Vs The State of Andhra Pradesh, Rep. by its Principal on 31 December 2015

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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

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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTIWRIT PETITION No.42792 of 2015

ORDER:

This Writ Petition, under Article 226 of the Constitution ofIndia, is filed assailing the action of the 6[th] respondent-the StationHouse Officer, T. Sundupalli Police Station in seizing the tractor-trailerbearing engine no.E3304732, chassis no.T05-3274215 and TR serialno.T3274462 of the petitioner, on the ground that the said vehicle wastransporting sand without any permission, and in detaining the saidvehicle loaded with sand at the police station without releasing it, asarbitrary, illegal and contrary to law.

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

The learned Government Pleader for Revenue representingthe 4[th] respondent and the learned Government Pleader for Homerepresenting the 6[th] respondent would submit that the 4[th] respondentis competent to release the vehicle as per G.O.Ms.No.6 dated12.01.2015, though the vehicle was seized by the 5[th] respondent.

In view of the undisputed legal position and the facts and theratio laid down in the order dated 07.01.2015 passed in writ petitionno.98 of 2015, which was followed by this Court in the W.P.no.3866 of2015, the 4[th] respondent is directed to consider the representationdated 15.12.2015 of the petitioner and direct the release of theaforementioned vehicle on payment of prescribed penalty and also on execution of a bond in accordance with the relevant rules by the ownerof the vehicle for its production as and when directed by the competentCourt to which the seizure was reported by the Officer who had seizedthe vehicle. The entire exercise culminating in an appropriate order tobe passed accordingly shall be completed within three (3) days fromthe date of the receipt of a copy of this order; and, necessary action asrequired under law shall accordingly be taken for release of theaforementioned vehicle.

Accordingly, the writ petition is disposed of. There shall be noorder as to costs.

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

______________________M.Seetharama Murti, J

31[st] December, 2015

Note: Furnish C.C. in three days. (b/o) cbs

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