APHC010258232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 12858/2024 Between: Putluri Venkata Brhma Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MD SALEEM Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd Respondent in issuing the Vide Rc.CS1/6A/136/2022 dated.15.11.2022 in directing the Petitioner to produce Bank Guarantee for Rs. 10,00,000/- being the reported value of seized Eicher Four wheeler vehicle bearing No. AP-39-UF-1911 i.e., Rs.10,00,000/- along with an undertaking that he shall not alienate the seized vehicle pending finalization of 6A Proceedings and he shall produce the seized vehicle as and when required by the 2nd respondent is as illegal, improper arbitrary and without any power of authority under law and violation 2 JS,J W.P.No.12858/2024 of Article 19(1)(g) of the Constitution of India and to pass such other orders as may be deem fit and proper in the circumstances of the case.” 2. The petitioner has purchased the Four Wheeler vehicle bearing No.AP- 39-UF-1911 under hypothecation on private finance and paying monthly installments to the financer. The vehicle was seized on 02.09.2022. Since then it is lying with the respondents and is in dilapidated condition. A petition was filed on 14.11.2022 to release the seized vehicle. The 2nd respondent vide proceedings in Rc.CS1/6A/136/2022, dated 15.11.2025 directed the petitioner to obtain a Bank Guarantee for an amount of Rs.10,00,000/- to release the seized vehicle. 3. Learned counsel for the petitioner submits that the petitioner is unable to furnish bank guarantee for an amount of Rs.10,00,000/- and further submits that the petitioner is ready to file an application before the 2nd respondent about furnishing third party surety for release of the seized vehicle bearing No.AP-39-UF-1911 and requests this Court to pass orders on the same. 4. Considering the submissions made by the learned counsel for the petitioner, this Court finds it appropriate to dispose of this writ petition by directing the petitioner to file an affidavit before the 2nd respondent showing the third party surety, within a period of two (2) weeks from the date of receipt of a copy of the order. Upon moving such an application, the respondents shall pass appropriate orders on the same, within a period of one (1) week. However, this order will not preclude the authorities to proceed with the 6-A proceedings. 3 JS,J W.P.No.12858/2024 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM Date: 25.03.2025 KAS 4 JS,J W.P.No.12858/2024 168 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 12858/2024 Date: 25.03.2025 KAS