HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT APPEAL NO.1392 OF 2014 DATED:13.11.2014 Between:
E. Jagadish and others … Appellants And The State of Andhra Pradesh Rep. by its Principal Secretary to Industries and Commerce Department Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT APPEAL NO.1392 OF 2014 JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the order of the learned single Judge, dt.30.10.2014 by which His Lordship has been pleased to dispose of the writ petition with the following directions.
1. “Petitioners are at liberty to approach respondent No.2 and make an application for release of their respective vehicle.
2. On such application being made, respondent No.2 shall pass appropriate order as to release by directing the petitioners to deposit 50% of the value of the respective vehicles, as they stand on the date of seizure and for that purpose respondent No.2 is at liberty to take assistance of the Motor Vehicle Inspector.
3. Petitioners shall also undertake that they shall not alienate or otherwise create a third party interest with regard to the said vehicles and shall produce the vehicles as and when required and called upon by respondent No.2.
4. Respondent No.2 shall also undertake enquiry into the matter as to whether there is any violation on the part of the petitioners or any other person with regard to illegal extraction or illegal transportation of sand/gravel and an appropriate order be passed after notice to the concerned parties by giving them an opportunity.
5. The order of release passed hereinabove shall be subject to further orders that would be passed by respondent No.2.”
2. The vehicles of the writ petitioners – appellants said to be owned by them were seized by the Officers of the District Regional Vigilance and Enforcement Officer of Mines and Geology Department, Nellore District. The petitioners approached the Writ Court with the prayer as follows:
“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the Excavator Cum Loader (JCB) bearing No.AP 26 AA 0773 belongs to the 1st petitioner, Lorries bearing Nos.AP 03 TB 6768 & AP 03 TB 9549 belongs to the 2nd petitioner and Tata Hitachi Model Ex 200 Excavator belongs to the 3rd petitioner without following any procedure known to law, as arbitrary, illegal and violative of Article 19, 21 of the Constitution of India and consequently direct the respondents to release the above vehicles from the custody of the respondents forthwith.”
The petitioners are mainly aggrieved with the direction of the Hon’ble single Judge for depositing 50% of the value of the respective vehicles. That apart, question of jurisdiction and power of the seizing authority of the vehicles is also raised.
Learned counsel for the writ petitioners - appellants, however, fairly submits that he did not urge point of jurisdiction of the seizing authority before His Lordship.
In the circumstances, we direct the respondent authority concerned to decide first whether he has jurisdiction or not to seize the vehicles. If he comes to the conclusion that he has no power, he shall release the vehicles forthwith and if comes to the conclusion that he has jurisdiction, then the direction of His Lordship to deposit 50% of the value of the respective vehicles will stand.
With the above observations, the writ appeal is disposed of.
Pending miscellaneous petitions, if any, shall stand closed.
There will be no order as to costs.
K.J. SENGUPTA, CJ M.S. RAMACHANDRA RAO, J 13.11.2014
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