THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31859 of 2014 Between:
Dated 24th October, 2014 Lebaku Venkata Subba Reddy And …Petitioner The Government of Andhra Pradesh, rep.by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri K.Naveen Kumar Counsel for respondent No.1: GP for Panchayat Raj Counsel for respondent No.2: AGP for Home Counsel for respondent No.3: GP for Revenue The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the seizure of tractor bearing registration No.AP04W 8449 and trailor bearing registration No.AP04W 8450 as illegal and arbitrary.
At the hearing, it is admitted among the learned counsel for both the parties that this Court has been passing orders in cases of similar nature such as the present one with the direction to the officer, who has seized the vehicle, to take a decision within three days from the date of application; examine whether the vehicle was used in committing the offence for the first and the second time and if so, consider directing release of the vehicle on payment of penalty of Rs.10,000/- (Rupees ten thousand only). If, on the other hand, the vehicle is found to have been used in the commission of the offence for third or more times, the officer concerned shall consider directing release of the vehicle in accordance with Rule 9-Q (6) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 on a bond being executed by the owner of the vehicle for its production as and when directed by the criminal Court. W.P.Nos.21958 and 28548 of 2014 are two such cases where such orders have been passed.
Following the same, this writ petition stands disposed of with the direction that the observations and directions contained therein shall form part of this order.
As a sequel to disposal of the writ petition, W.P.M.P.No.39824 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 24th October, 2014
VGB