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2025 DAILYLAW 13535 (AP)

LOKENDRA CHOUHAN v. THE STATE OF AP

WP/8548/2025 · 2025-04-09

K Manmadha Rao, R Raghunandan Rao

body2025

Judgment text

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1 APHC010163312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 8548/2025 Between: Lokendra Chouhan ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B V RAM NARESH KUMAR Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 2. GP FOR MINES AND GEOLOGY The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner is the owner of a lorry bearing No.RJ 20 GC 4229. The said vehicle while transporting Granite from Chemakurty to Madhya Pradesh, was seized by the 4th respondent, on 07.02.2025. The 4th respondent had seized the vehicle as well as granite transported on the vehicle on the ground that a proper e-way bill was not available. Thereafter, the petitioner had approached the 4th respondent for release of the vehicle which was not acceded. 2 2. Aggrieved by this refusal to release the vehicle, the petitioner has approached this Court, by way of the present writ petition. 3. Learned counsel for the petitioner would draw the attention of this Court to a judgment, dated 03.08.2023, of a Division Bench of this Court in W.P.No.15481 of 2023 & batch. The Division Bench, after considering a similar situation, was pleased to pass the following order: “17. These writ petitions are accordingly disposed of giving liberty to the 1st respondent to initiate proceedings against the petitioners U/s.129 of CGST/APGST Act, 2017 within two weeks from the date of receipt of a copy of this order and conduct enquiry by giving an opportunity of hearing to the petitioners and pass appropriate orders in accordance with governing law and rules. In the meanwhile, the 1st respondent shall release the detained goods in favour of the 1st petitioner on his deposit of 25% of their value and executing personal bond for the balance and he shall also release the vehicles in favour of the 2nd petitioner in the respective writ petitions on their executing personal security bonds for the value of the vehicles as determined by concerned Road Transport Authority. No costs.” 4. In view of the above, this Writ Petition is disposed of in terms of the said order, with a direction to the 4th respondent to release the vehicle in favour of the petitioner, on execution of personal security bond for the value of the vehicle, which would be determined by the concerned Road Transport Authority, within a period of one week. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. ______________________________ R. RAGHUNANDAN RAO,J _______________________ DR. K. MANMADHA RAO,J RJS 3 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO & HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 8548/2025 (per Hon’ble Sri Justice R Raghunandan Rao) 09.04.2025 RJS