Extracted from the PDF above. The PDF is authoritative.
APHC010283392020
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18747 OF 2020 Between:
1. P. Appa Swamy,, S/o P. Venkataraman, Age 30 year,Occ Driver, R/o. 6 589, Ward No.6, Keshavanagar, Dharmavaram Mandal, Ananthapur District. 1. The State of Andhra Pradesh, , Rep. by its Princip Department, Secretariat, Velagapudi, Guntur District. 2. The Superintend of Police, Kurnool, Kurnool District. 3. The Deputy Commissioner of Prohibition and Excise, Kurnool District, Kurnool. 4. The Station House Officer, Chippagiri Po 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 pleased to issue a Writ, Order or Direction m the nature of Writ of Mandamusm declaring the action of the 2nd Respondent in seizing Petitioners TATA ZEST Premio car, vehicle No. AP 02 CA 5585 in connection with Crime No. 167 of 2020 of Chippagiri Police Station, Kurnool along with police proceedings dated 28.08.2020 as illegal, arbitrary contrary to IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18747 OF 2020
1. P. Appa Swamy,, S/o P. Venkataraman, Age 30 year,Occ Driver, R/o. 6 589, Ward No.6, Keshavanagar, Dharmavaram Mandal, Ananthapur District. ...Petitioner AND
1. The State of Andhra Pradesh, , Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Superintend of Police, Kurnool, Kurnool District. 3. The Deputy Commissioner of Prohibition and Excise, Kurnool District,
4. The Station House Officer, Chippagiri Police Station, 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamusm declaring the action of the 2nd Respondent in seizing Petitioners TATA ZEST Premio car, vehicle No. AP 02 CA 5585 in connection with Crime No. 167 of 2020 of Chippagiri Police Station, Kurnool ith police proceedings dated 28.08.2020 as illegal, arbitrary contrary to IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1.
P. Appa Swamy,, S/o P. Venkataraman, Age 30 year,Occ Driver, R/o. 6- 589, Ward No.6, Keshavanagar, Dharmavaram Mandal, Ananthapur District. ...Petitioner al Secretary, Home
3. The Deputy Commissioner of Prohibition and Excise, Kurnool District, lice Station, 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 ore particularly one in the nature of Writ of Mandamusm declaring the action of the 2nd Respondent in seizing Petitioners TATA ZEST Premio car, vehicle No. AP 02 CA 5585 in connection with Crime No. 167 of 2020 of Chippagiri Police Station, Kurnool ith police proceedings dated 28.08.2020 as illegal, arbitrary contrary to procedure established under law, and violative of Article 19 (1)(g) of the Constitution of India, apart from being violative of principles of natural justice and consequently direct the 2nd Respondent to release the Petitioners TATA ZEST Premio car, vehicle No. AP 02 CA 5585 forth with 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 pleased to direct the Respondents to release the Vehicle i.e. TATA ZEST Premio car, vehicle No. AP 02 CA 5585 in favour of the Petitioner, 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 Pleased to list the matter for admission at the earliest in view of the urgency and to pass IA NO: 1 OF 2023 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 grant leave for filing counter affidavit in the writ petition No.18747/2020 and pass Counsel for the Petitioner: G ESWARAIAH Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR PROHIBITION EXCISE The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18747 OF 2020 ORDER: The writ petition is filed under Article 226 of Constitution for India with the following prayer for: “…to pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamusm declaring the action of the 2nd Respondent in seizing Petitioners TATA ZEST Premio car, vehicle No. AP 02 CA 5585 in connection with Crime No. 167 of 2020 of Chippagiri Police Station, Kurnool along with police proceedings dated
28.08.2020 as illegal, arbitrary contrary to procedure established under law, and violative of Article 19 (1)(g) of the Constitution of India, apart from being violative of principles of natural justice and consequently direct the 2nd Respondent to release the Petitioners TATA ZEST Premio car, vehicle No. AP 02 CA 5585 forth with and pass..” 2. There is no representation for the petitioner. 3. Learned Assistant Government Pleader for Home submitted that the petitioner would have taken back the vehicle. 4. Recording the same, this Writ Petition is dismissed for non-prosecution. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ___________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J
Date: 03.09.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.18747 of 2020
Dated.03.09.2025
KKV