IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31360 of 2014 BETWEEN G. Manga and another AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. The grievance of the petitioner in this writ petition is regarding seizure of his excavators, as per the seizure report, dated 16.09.2014 and consequently seeks release of the said vehicles. Petitioner states that he is the owner of the seized excavators, which were given on lease to one G.V.V.S. Kumar on 01.09.2014 but respondent No.2 seized the vehicles on 16.09.2014 alleging that the excavation of sand was found to be beyond the permitted quantity and consequently steps are being taken for taking further action in the matter. While the petitioner states that he is only the owner of the vehicle, who had leased it to the aforesaid person, he is no way connected with any act of violation nor the alleged offence, as stated and seeks release of the vehicles subject to appropriate conditions.
3. Similar matter was disposed of by this court today i.e., W.P.No.31286 of 2014. Keeping in view the similar grievance of the petitioner and after hearing the learned Government Pleader, I deem it appropriate to dispose of the writ petition with the similar direction. The operative directions in WP.No.31286 of 2014 are reiterated hereunder:
1. Respondent No.2 shall send a requisition to Motor Vehicles Inspector of the area along with a copy to the Regional Transport Authority requiring the Motor Vehicle Inspector to inspect the vehicles and process assessment of its approximate value to respondent No.2. The said exercise including assessment of value shall be done within a week from the date of receipt of a copy of the order and the R.T.A. as well as the Motor Vehicle Inspector shall act accordingly as and when a communication is received from the Assistant Director of Mines and Geology.
2. On receipt of assessment, as above, by the Motor Vehicle Inspector, the Assistant Director of Mines and Geology shall release the vehicle subject to petitioner depositing 50% of the value so assessed either in the form of cash or in the form of an irrevocable bank guarantee and the petitioner shall also file an undertaking before respondent No.2 that he shall produce the vehicle as and when called upon and required by respondent No.2 to facilitate the enquiry and shall also undertake that he shall not alienate or transfer the vehicles pending the enquiry aforesaid.
3. Since it is not on record as on today as to whether any crime is registered, the order of release passed herein shall be subject to the enquiry or orders of the learned Magistrate in case a crime is registered.
The writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 21, 2014 Note: Office to append a copy of the order in WP.No.31286 of 2014.
(B/o) LMV