APHC010252102020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16569/2020 Between: 1. BANDI KIRAN KUMAR, S/O. GURRANNA AGE, 45 YEAR PLOT NO. 503, SAI LAKSHMI APARTMENT, G.V PALLI COLONY, TADIPATRI, ANANTAPUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, ANANTAPUR IV TOWN POLICE STATION, ANANTHAPUR DISTRICT. 3. THE OFFICE OF THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, ANANTHAPURAMU, ANANTHAPUR 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 order or direction more particularly in the nature of Writ of Mandamus (a) declaring the action of 2nd Respondent in registering FIR No 364/2020 against the petitioners U/S 8(b) of A.P Prohibition Act and 34(a) of the A.P Excise act, as illegal as illegal, arbitrary, non application of mind and without jurisdiction. / excessive exercise of power conferred on him and contrary to section 34(a) of A P Excise Act 1968 as amended by Act 17 of 2020 and violation of Notification in G.0 M.s No 411 Revenue Excise Department dated 24-09-2019 and set-aside the said FIR., (b) declaring the action of the Respondent No.3 in issuing orders dated 24-07-2020 vide proceedings 250/2020/B1, granting interim custody by imposing the condition to deposit full value of the vehicle. without any application for such interim custody as illegal, arbitrary, non application of mind and without jurisdiction / excessive exercise of power conferred on him and contrary to section 34(a) of A P Excise Act 1968 as amended by Act 17 of 2020. (c)declaring the action of the Respondent No.3 in issuing show-cause Notice for confiscation of lorry bearing No AP02-TE-2269 as illegal, arbitrary, non application of mind and without jurisdiction / excessive exercise of power conferred on him and contrary to section 34(a) of A P Excise Act 1968 as amended by Act 17 of 2020 and violation of Notification in G.0 M.s No 411 Revenue Excise Department and set-aside the same. (d)Consequently direct the Respondents No. 2 and 3 to release the Lorry bearing No AP02-TE-2269 forthwith to the Petitioner 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 to release the lorry bearing number AP02-TE2269 forthwith to the Petitioner 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 to STAY of all further proceedings including Arrest of the Petitioners in FIR No 364 of 2020 of Anantapur IV Town PS, Anantapur District, and pass Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16569 OF 2020 ORDER: Sri P.Praveen, learned counsel representing learned counsel for the petitioner, submits that due to efflux of time the cause in the writ petition has rendered infructuous. Learned counsel endorsed the same on the bundle. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 20.11.2025 KBN 27 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16569 of 2020 Date: 20.11.2025 KBN