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2025 DAILYLAW 16472 (AP)

VEERESH NAIK v. THE STATE OF AP

WP/14351/2020 · 2025-09-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010218082020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14351/2020 Between: 1. VEERESH NAIK, FATHER NAME. HANUMANTHAPPA AGE. 35, NANDI TRADERS, SHOP NO. 23, POORNIMA COMPLEX, GUNJ ROAD, RAICHUR TOWN, RAICHUR DISTRICT, KARNATAKA STATE. 2. M.SREENIVASULU, FATHER NAME. NARAYANA,AGE. 48, BAVI PALLI VILLAGE, PAUPELLY MANDAL, KURNOOL DISTRICT. (OWNER OF LORRY BEARING NO. AP 21-TZ- 5556) ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLY DEPARTMENT SECRETERIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. A.P. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, ANANTAPUR 3. THE TAHSILDAR, CHENNE KOTHA PALLI MANDAL, ANANTAPUR DISTRICT. 4. THE STATE S H O, CHENNE KOTHA PALLI P.S ANANTAPUR DISTIRCT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 3 and 4 seizure of vehicle Lorry bearing No. AP 21-TZ- 5556 with 756 rice bags ( each bag rice weight 50 kgs ) through Panchanama dated 15-07-2020 in Cr.No.182/2020 of Chenne Kotha Palli P.S near Babulal Dhaba, C.K.Palli Mandal, Hyderabad- Banglore NH44 Road is wholly illegal, arbitrary , against law and consequentially direct the respondents to set aside the above said Panchanama dated 15-07-2020 and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release seized vehicle lorry bearing No. AP 21-TZ- 5556 with 756 rice bags ( each bag rice weight 50 kgs ) through Panchanama dated;15-07-2020 near Babulal Dhaba, NH44 Road, Chenne Kotha Palli village & Mandal, Hyderabad- Banglore NH44 Road pending disposal of the writ Petition and pass IA NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner No.1 to amend the cause title by adding word "Proprietor" to Nandi Traders in the interlocutory applications and also in the above writ petition and to pass Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14351 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 3 and 4 seizure of vehicle Lorry bearing No AP 21- TZ-5556 with 756 rice bags (each bag rice weight 50 kgs) through Panchanama dated 15.07.2020 in Cr.No.182/2020 of Chenne Kotha Palli P S near Babulal Dhaba C K Palli Mandal Hyderabad Banglore NH44 Road is wholly illegal arbitrary against law and consequentially direct the respondents to set aside the above said Panchanama dated 15.07.2020 and to pass.…” 2. Heard Ineni Venkata Prasad, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader would submit that in the light of the interim order passed by this Court on 02.02.2021, directing the respondents to release the vehicle and stock subject to condition that the petitioners produce immovable property security for the value of the stock and the value of the vehicle as determined by the Motor Vehicles Inspector, the respondents have complied the interim order and released the seized lorry and handedover the same to the petitioners. He further submitted that no further orders are required in this matter. 4. Learned counsel for the petitioners would submit that the Court may pass appropriate orders. 5. Recording the above said submission, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 10th September, 2025 RKS