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2025 DAILYLAW 3167 (AP)

UMESH KUMAR DEWANGAN v. THE STATE OF AP

WP/857/2025 · 2025-04-04

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010012212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 857/2025 Between: Umesh Kumar Dewangan ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. 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 a Writ, Order or direction, more particularly in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the 4th Respondent in seizing the Lorry bearing No.CG 21 J 9693 belongs to the Petitioner and kept in the custody of the 5th Respondent as illegal, arbitrary, contrary to law, unconstitutional and ultravirus, in the interest of justice and to pass...” 2. The petitioner is the owner of lorry bearing No.CG21J9693, has engaged driver and cleaner to transport goods in the said lorry. The petitioner’s lorry has delivered goods at Guntur and was waiting for transport from Guntur to Chhattisgarh and agreed to transport the rice of M/s. Greeshma Enterprises from Guntur to Dhamitrri of Chhattisgarh. While the vehicle was moving from Guntur to Dhamitrri, the 4th respondent intercepted the vehicle and registered a case in crime No.221 of 2024 dated 15.09.2024 under Sections 318(4) of BNS and 7, 8 of Essential Commodities Act, 1955 by showing the driver and cleaner as Accused Nos.3 and 4. 3. Learned counsel for the petitioner submits that he has purchased the lorry by investing huge sum. The lorry is lying idle in police station since 15.09.2024. Neither the petitioner nor his driver or cleaner are having knowledge about the PDS rice and prays this Court to release the vehicle by imposing condition. 4. Without going into merits of the case, the Writ Petition is disposed of by directing the petitioner to make an appropriate application before the Joint Collector, Krishna District, within one (1) week from the date of receipt of a copy of this order. Thereafter, the respondents shall consider the same and pass appropriate order within two (2) weeks. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 04.04.2025 KAS 189 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 857/2025 Date: 04.04.2025 KAS