APHC010418112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21564/2024 Between: Beeradar Veerappa, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. TRIMOORTHY K G Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21564/2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.4 herein in not releasing the Vehicle i.e., Tata Goods Carriage LVM bearing registration No.TS13UD0490, Tata Intra, colour: Titanium_WH, Chassis No.MAT535093NYN55173, Engine No.1.5 CR06NXXSG4903 seized by the respondent No.4 in connection with the Crime No.118 of 2024 dated 25.08.2024 in Orvakal Police STtion in spite of the petitioner eadiness and willingness to comply with the terms and conditions of respondent NO.4 is illegal, arbitrary, unjust, malafide and against the violation of Articles 14, 19(1) (g) and 21 of Constitution of India and consequently direct respondent No.4 to release the vehicle i.e., Tata Goods Carriage LVM bearing registration No.TS13UD0490, Tata Intra, colour: Titanium_WH, Chassis No.MAT535093NYN55173, Engine No.1.5 CR06NXXSG4903 of the petitioner and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. The petitioner herein is the owner of Vehicle bearing No.TS13UD0490, Tata Intra. The said vehicle was involved in the incident of bootlegging and an F.I.R has been registered on 25.08.2024 bearing F.I.R.No.118 of 2024 on the 3 file of Orvakal Police Station. Consequently, the Vehicle was also seized which is carrying 140 cardboard boxes consisting of Jaggery each 16 Kgs to a total 2,240 Kgs of Jaggery and 5 Kgs of Navasagaram unauthorizedly. The Motor Vehicle Inspector has valued the vehicle at Rs.5,32,000/- (Five lakh thirty two thousand rupees only). 4. The petitioner has filed the present writ petition seeking release of the said Vehicle. He would submit that he will subject himself to any condition imposed by this Court. 5. Considering the facts and circumstances of the case, this court issues the following directions: I. The respondents shall release the vehicle bearing No.TS13UD0490 to the petitioner on condition of paying 50% of the vehicle value as per the valuation certificate of the Motor vehicle inspector. II. The petitioner shall file a personal affidavit before the Registry undertaking to indemnify the remaining cost of the Vehicle as fixed by the Motor Vehicle Inspector vide valuation certificate on account of any adverse order passed against the petitioner in the future. III. The petitioner shall produce the Vehicle in question as and when required in connection with the trail of the offence. IV. The petitioner shall not put the vehicle in question to any use other than his personal use. V. The petitioner shall not tamper with the Vehicle in any manner and 4 shall maintain the same in good condition. 6. With the above directions, this Writ Petition is disposed of. After filing the personal affidavit by the petitioner, the Registry is directed to retain the same. Registry is further directed to attach a copy of the Affidavit filed by the petitioner along with the copy of this Order. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 26.03.2025 TTPPSS 5 465 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.21564 of 2024 26.03.2025 TTPPSS