Extracted from the PDF above. The PDF is authoritative.
V s APHC010261112020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17215 OF 2020 Between: Maram Subba Reddy, S/o M. Venkateswara Reddy, Age 30 years, R/o H. No. 923, Kothareddy Palem, Darsi Mandal, Prakasam District ...PETITIONER AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Station House Officer, Kurnool Taluka Police Station Kurnool, Kurnool District ...RESPONDENTS 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 to issue an appropriate Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, declaring the action of the 2"^^ respondent in registering FIR No.396 of 2020 dated 09-06-2020 against the petitioner under Section 34-A of Andhra Pradesh Excise Act, 1968 as well as seizing Car bearing No. KA 53 ME 0919 under the said crime as arbitrary, illegal without jurisdiction and contrary to section 34 A of A.P. Excise Act, 1968 amended by Act 17 of 2020 and violation of Notification vide GO Ms No. 411 Revenue Excise Department dated 24-09-2019 and quash and set aside the one as
4 said FIR and consequently direct the respondent No.2 canbearing No. KA 53 ME 0919 to the petitioner. lA NO: 1 OF 7090 herein to release the Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondent No.2 herein to may be pleased to grant interim custody of the car bearing No. KA 53 ME 0919 seized in Crime No. 396 of 2020 to the petitioner forthwith, pending disposal of the main Writ Petition. lA 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 grant stay all further proceedings in FIR No. 396 of 2020 Taluka police station, Kurnool, pending disposal may be pleased to on the file of Kurnool of the main Writ Petition.
Counsel for the Petitioner: SMT.KAVITHA GOTTIPATI Counsel for the Respondent Nos.1 & 2: GP FOR HOME The Court made the following order:
APHC010261112020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17215/2020 Between;
1.MARAM SUBBA REDDY, S/0 M. VENKATESWARA REDDY AGE 30 YEARS, RIO H. NO, 923, KOTHAREDDY PALEM, DARSI MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATION HOUSE OFFICER, KURNOOL TALUKA POLICE STATION KURNOOL, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner:
1.KAVITHA GOTTIPATI Counsel for the Respondent(S);
1.GP FOR HOME
2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17215 of 2020
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2"^ respondent in registering FIR No. 396 of 2020 dated 09-06-2020 against the petitioner under Section 34-A of Andhra Pradesh Excise Act, 1968 as weli as seizing Car bearing No. KA 53 ME 0919 under the said crime as arbitrary, illegal without jurisdiction and contrary to section 34 A of A.P. Excise Act, 1968 as amended by Act 17 of 2020 and violation of Notification vide GO Ms No. 411 Revenue Excise Department dated 24-09-2019 and quash and set aside the said FIR and consequently direct the respondent No. 2 herein release the car bearing No. KA 53 ME 0919 to the petitioner and to pass...” None represented for the petitioner. to
2.
3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents would submit that in obedience of the orders passed by this Court in I.A.No.1 of 2020 dated 24.09.2020. the subject vehicle is released and no cause of action survives in this petition. 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.
4.
Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
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2. The Station House Officer, Kurnool District
3. One CC to Smt. Kavitha Gottipati, Advocate [OPUC]
4. Two CCs to GP for Home, High Court of Andhra
5. Two CD Copies. Kurnool Taluka Police Station, Kurnool, Pradesh [OUT] ssb
HIGH COURT DATED:02/09/2025
ORDER WP No. 17215 OF 2020 DISPOSING OF THE W.P. WITHOUT COSTS