IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29752 OF 2014 BETWEEN R.V. Naidu 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. Petitioner states that he holds A-4 license relating to his shop at T.Kothapalli of I.Polavaram Mandal, East Godavari District, under valid lease from 08.07.2004 to 30.06.2015. He submits that on 03.09.2014, he placed an order for various brands of liquor and while the said stock was being transported through two lorries, the drivers of the lorries deviated from the route. On 03/04.09.2014 at 01:00 AM at GMC Balayogi Varadhi at the outskirts of Injaram Village, respondent No.3 seized the vehicles on finding that both the vehicles carried 14,400 liquor bottles and one box containing 12 bottles of 650 ml bear in the presence of mediators and a panchanama was also conducted. A case in Crime No.111 of 2014 was also registered on 04.09.2014 on the file of I.Polavaram Police Station. Petitioner, who is the lessee of the shop and the owner of the stock aforesaid, filed an application before the Deputy Commissioner on 12.09.2014 seeking release of the stock on the ground that the said stock is covered by valid invoices and there was no other allegation against the transportation except that the route was deviated by the transporters. However, alleging that no orders were passed by the Deputy Commissioner, the present writ petition is filed.
3. Learned Government Pleader submits that the Commissioner is the competent authority and as the petitioner has not approached the Commissioner, the Deputy Commissioner could not release the stocks.
4. In view of the said statement, therefore, the writ petition is disposed of permitting the petitioner to approach the Commissioner (Excise) by making an appropriate application seeking release of the stocks and subject to his satisfying the Commissioner that the stock was covered by invoices, the Commissioner will look into the petitioner’s request and pass appropriate orders thereon expeditiously preferably within one week of filing of the application by the petitioner as aforesaid.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 13, 2014 LMV