APHC010272412020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17983/2020 Between: 1. SUNKARA SRINIVASU, S/O NANCHARAIAH, AGED 43 YEARS OCC- BUSINESS, R/O. DO. NO. 23-34-19, MANEPALLI VARI STREET, NEAR LABOUR OFFICE, SATYANARAYANAPURAM, VIJAYAWADA(URBAN), KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KRISHNA, AT MACHILIPATNAM. 3. THE STATION HOUSE OFFICER, VEERULLAPADU POLICE STATION, KRISHNA DISTRICT. ...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 topleased to issue writ or direction preferably Writ of Mandamus declaring the action of the respondents is not releasing the Access 125 Motor Cycle bearing vehicle no AP 16 EG 2993 seized in Crime No. 326 of 2020 dated 19.05.2020 Veerullapadu P S, Krishna District., by the 3rd respondent in spiteoff readiness of the Petitioner to furnish the third party surety as 2 bearing illegal arbitary and unjust and consequently direct the respondent No 2 to release the vehicle and to 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 pleased to direct the Respondent No 2 to release the Access 125 Motor Cycle bearing vehicle no AP 16 EG 2993 seized in Crime No. 326 of 2020 dated 19.05.2020, Veerullapadu P S, Krishna District, pending disposal of main Writ Petition and to pass Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue writ or direction preferably Writ of Mandamus declaring the action of the respondents is not releasing the Access 125 Motor Cycle bearing vehicle no AP 16 EG 2993 seized in Crime No. 326 of 2020 dated 19.05.2020 Veerullapadu P S, Krishna District., by the 3rd respondent in spiteoff readiness of the Petitioner to furnish the third party surety as bearing illegal arbitary and unjust and consequently direct the respondent No 2 to release the vehicle and to pass....…” 2. Heard Smt.K.Tulasi Durgamba, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that this petition is filed seeking a direction to the police for releasing of vehicle which was seized relating to an excise offence. 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 5. In that view, this writ petition is disposed of. However, the concerned police are directed to look into the representation of the petitioner for release of the vehicle and take appropriate decision according to governing rules and law, if not released by this date. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 13.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 95 W.P.No.17983 of 2020 Dated: 13.08.2025 MH