Telangana High Court
WP/24921/2004 of K. Vinod Kumar, Vs The Commissioner of Prohibition AND Excise, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24921 of 2004 Between: K. Vinod Kumar, S/o. K. Bhadrayya, R/o. Vinayak Nagar,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24921 of 2004
Between:
K. Vinod Kumar, S/o. K. Bhadrayya,
R/o. Vinayak Nagar, Balanagar, Ranga Reddy District.
AND
..... PETITIONER
1 The Commissioner of Prohibition & Excise, Nampally Station Road, Hyderabad.2 The Deputy Commissioner of Prohibition & Excise, Hyderabad Division,Hyderabad.
3 The Inspector of Prohibition & Excise Department, Uppal.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an order or writ one in the nature of Writ of Mandamus, declaring the action ofthe 3rd respondent in registering the case in Crime No.296 of 2004 dt. 21-11-2004,and releasing the vehicle as arbitrary, illegal, unjust and violative of principles ofnatural justice and consequently direct the respondents to release the Auto bearingNo. AP 11 U 7919 and pass such other order or orders Counsel for the Petitioner:SMT.N.SHOBA
Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE
The Court at the stage of admission made the following :
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ORDER:
The petitioner’s vehicle bearing Registration No. AP 11 U 7919 was seizedby the 3[rd] respondent on 21-11-2004, for certain irregularities. The seizure waseffected under Section 34(9) of A.P. Excise Act. The grievance of the petitioner isthat the respondents have not yet released the vehicle.
Heard the learned counsel for the petitioner and learned Government Pleaderfor Prohibition and Excise.
As no purpose would be served by keeping the vehicle in the custody of therespondents and the vehicle would only get damaged, the writ petition is disposedof, directing the respondents to forthwith release the vehicle to the interim custody ofthe petitioner subject to the petitioner depositing Rs.5,000/- (Rupees five thousandonly), and on filing an undertaking that he would produce the vehicle as and whenthe same is required by the respondents in the course of enquiry and investigation.There shall be no order as to costs.
Dt.30-12-2004.
_______________________
L. NARASIMHA REDDY, J.
Note:Office to furnish copyIn two days.(B/O) KO
To
1 The Commissioner of Prohibition & Excise, Nampally Station Road, Hyderabad.
2 The Deputy Commissioner of Prohibition & Excise, Hyderabad Division,Hyderabad.Hyderabad.
3 The Inspector of Prohibition & Excise Department, Uppal.
4. 2 CCs to G.P. for Prohibition & Excise, High Court of A.P., High Court Buildings,Hyderabad. (OUT)Hyderabad. (OUT)
5. 2 C.D. copies.
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24921 of 2004
Dated 30-12-2004