Andhra Pradesh High Court
WP/32744/2023 of C.S. MALLIKARJUN Vs THE STATE OF ANDHRA PRADESH on 29 December 2023
RAVI CHEEMALAPATI WRIT PETITION No.32744 of 2023 ORDER:- This writ petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief:- “……to issue an appropriate Writ, Order or direction, more particularly one in the nature
HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.32744 of 2023
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ORDER:-
This writ petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief:- “……to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2[nd ]respondent in not returning the FDR for Rs.1,50,000/- deposited by me at the time of release of my stocks which was seized in FIR No.128 of 2019 on the file of the 3[rd] respondent, despite quashing of the said FIR No.128 of 2019 by this Hon’ble Court in Crl.P.No.6821 of 2019 dated.20.01.2020, inspite of the representation dated 15.11.2023, as being illegal, arbitrary, unjust and unconstitutional and to pass……”
2. Today, when the matter is taken up for consideration, learned counsel for the petitioner as well as learned Assistant Government Pleader for Revenue for the respondents collectively submitted that, the issue involved in this Writ Petition is squarely covered by the order of this Court dated 23.09.2021 in W.P.No.14995 of 2021 which is placed on record and prayed to pass orders on the same lines.
3. Taking into consideration the submissions of both the learned counsel and following the above said order and for the reasons recorded therein, this Writ Petition also stands disposed of in terms of the order passed in Writ Petition No.14995 of 2021.
4. Accordingly, the Writ Petition is allowed directing the 2[nd] respondent to return the FDR for Rs.1,50,000/- in favour of the petitioner. There shall be no order as to costs.
5. Registry is directed to append a copy of the order in Writ Petition No.14995 of 2021 to this order.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
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JUSTICE RAVI CHEEMALAPATI
29.12.2023 RKS