Andhra Pradesh High Court
WP/25627/2020 of P. Somasekhara, Vs The State of Andhra Pradesh, on 31 December 2020
SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25627 OF 2020 ORDER: This petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, declaring the action of the respondents in seeking to release the vehicle i.e., Motor Cycle bearing
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25627 OF 2020
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, declaring the action of the respondents in seeking to release the vehicle i.e., Motor Cycle bearing Registration No.AP 03 BC 6705 of the petitioner without jurisdiction, as illegal and arbitrary.
2. Heard learned counsel for the petitioner and the learned Government Pleader for Home.
3. Learned counsel for the petitioner submits that the petitioner is the owner of the Motor Cycle bearing Registration No.AP 03 BC 6705 and the said vehicle was seized by the 4[th] respondent/Station House Officer, Peddatippasamudram Police Station, Peddatippasamudram, Chittoor District on the allegation that he is transporting liquor illegally in the said vehicle.
4. The learned counsel for the petitioner and the learned Government Pleader for Home further submits that the issue involved in the present writ petition is squarely covered by the orders of this Court in W.P.No.14783 of 2020 dated 08.09.2020, wherein this Court directed the respondents to get the vehicle valued by Motor Vehicle Inspector, concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the third respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the Superintendent of Police, is directed to release the vehicle as interim custody.
5. In view of the submission made by both the counsel, writ petition is disposed of, directing the 4[th] respondent/Station House Officer, Peddatippasamudram Police Station, Peddatippasamudram, Chittoor District, to get the vehicle valued by Motor Vehicle Inspector concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the second respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the second respondent/Station House Officer, Peddatippasamudram Police Station, Peddatippasamudram, Chittoor District, is directed to release the vehicle as interim custody.
6. With these observations, the writ petition is disposed of accordingly. No costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY Date: 31.12.2020 IS
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.25627 OF 2020
Date: 31.12.2020.
IS