IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) BETWEEN S. Riyaz Basha.
THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29370 of 2014 AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. M. KARIBASAIAH Counsel for the Respondents: GP FOR HOME The Court made the following:
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for the fourth respondent.
2. The grievance of the petitioner is that his lorry bearing No.AP 02 V 6786 was seized by the fourth respondent for non-payment of installments by the petitioner. Petitioner accepts that the said vehicle is under hire purchase agreement with the fourth respondent and he also accepts in para 3 of the affidavit that three installments are due and payable by the petitioner to the fourth respondent.
However, on 02.09.2014 while the vehicle was proceeding from Hyderabad to Bangalore along with the goods, the said vehicle along with the goods is taken into custody by the fourth respondent.
Since the owner of the goods is pressuring the petitioner and since his vehicle is seized by the fourth respondent, the present writ petition is moved alleging that though he gave a written complaint dated 09.09.2014 to the Superintendent of Police, Ananthapuram District, complaining of highhanded seizure of the vehicle by the fourth respondent, no action is taken by the police. Petitioner also seeks direction against the fourth respondent to release the goods in the lorry.
3. So far as relief against the official respondents and particularly, respondents 2 and 3 are concerned, it is stated that on the complaint of the petitioner FIR in Cr.No.365 of 2014 is already registered by third respondent and the said crime is under investigation. In view of that, so far as the first part of the relief claimed by the petitioner is concerned, the same does not any more survive.
4. So far as second part of the relief seeking release of the goods from the fourth respondent is concerned, learned counsel for the fourth respondent fairly states that the petitioner should at least pay admitted installments due and according to the learned counsel, the petitioner is liable to pay seven installments as on 02.09.2014.
5. Considering the facts and circumstances and keeping in view, the averments of the petitioner in para 3 of the affidavit that three installments are payable, the fourth respondent is directed to release the goods lodged with the petitioner’s lorry subject to petitioner depositing three admitted installments with the fourth respondent. Petitioner and the fourth respondent are also free to negotiate further terms to enable the release of the lorry also.
The writ petition is 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 November 13, 2014 DSK