MDR KUSHI LOGISTICS v. The State of Andhra Pradesh,
WP/12782/2020 · 2025-08-06
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15409 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15409 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010197332020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 12782/2020 Between:
MDR KUSHI LOGISTICS, REP. BY ITS PROPRIETOR, CIRICHAPALA SHABNAM, W/O. M.DASTHAGIRI, AGED ABOUT 35 YEARS, OCC BUSINESS, R/ O. 4/1324, ICL COLONY ROAD, YERRAGUNTLA, KADAPA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, VIJAYAWADA, ANDHRA PRADESH. 3. THE OFFICE OF THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, ANANTHAPURAMU, ANANTHAPUR DISTRICT. 4. THE STATION HOUSE OFFICER, DHARMAVARAM URBAN POLICE STATION, ANANTHAPUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. P S P SURESH KUMAR Counsel for the Respondent(S):
1. GP FOR PROHIBITION EXCISE The Court made the following: ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Certiorari, calling for records pertaining to Proceedings in R.C.No.248/2020/B2, dated 02/07/2020, passed by the Respondent No.3, by imposing the onerous conditions of furnishing a Fixed Deposit Receipt for 19,98,229/-, towards the value of the
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vehicle for the purpose of releasing the lorry bearing registration number AP04-UB-2569, which was seized by the Respondent No.4, in Crime No.279/2020, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 19(1)(g) and 21 of the Constitution of India, violation of G.O.Ms. No.411, dated 24/09/2019 and violation of Section-34(a) and Section-46E of the A.P. Excise Act and consequently direct the Respondent Nos. 3 and 4 to release the vehicle forthwith.”
2. Sri P.S.P.Suresh Kumar, learned counsel for the Petitioner would submit that, a Coordinate Bench of this Court passed an interim order dated 13.08.2020 in this petition directing the Respondents to release the Lorry bearing No.AP 04 UB 2569 in favour of the Petitioner on some conditions. In that view no further orders are required in this matter and hence, the petition may be dispose of. 3. Learned Assistant Government Pleader for Prohibition & Excise would submit that the Court may pass appropriate orders. 4. Considering the submissions made, the Writ Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.08.2025 Dinesh
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HON’BLE DR.
JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.12782 of 2020
Dt.07.08.2025
Dinesh