APHC010422022022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26171/2022 Between: 1. PALLEM YELLA REDDY, S/O YELLA REDDY. AGED 45 YEARS, OCC. BUSINESS, R/O. DUTTHAYIPALLE, H/O. VEMULURU VILLAGE, ATLURUMANDAL, YSR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP,.BY ITS PRINCIPLE SECRETARY, PROHIBITION OF EXCISE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, DR. NO. 88-2B, KOLLAFARUM ROAD, SER CENTER, PRASADAMPADU, CURRENCY NAGAR, VIJAYAWADA. 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, YSR DISTRICT, KADAPA. 4. THE PROHIBITION AND EXCISE SUPERINTENDMENT, PRODDATUR, YSR DISTRICT. 5. THE STATION HOUSE OFFICER, PORUMAMILLA POLICE STATION, PORUMAMILLA, YSR 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No.223/DCRB/SEB-KDP/2020, dated 12.03.2021ordering confiscation of the Mahindra Verito Car with Reg.No.AP04-BG-7724, the proceedings in Rc.No.15-3/SB-SEB- KDP/2022, dated 23.07.2022 ordering for re-seizure of the same and the auction Notice in Rc.No.26/Auct./DCRB/SEB KDP/2022, dated 30.07.2022 issued by the respondent No.4 proposing to auction the same, eventhough the petitioner and the other accused in Cr.No.256/2020 registered under section 34 (a) of the Andhra Pradesh Excise Act, 1968, were acquitted and that too without adhering to the procedure envisaged under the provisions of the Andhra Pradesh Prohibition Act, 1995 as arbitrary, illegal, colourable exercise of power and contrary to the procedure envisaged under the provisions of the Andhra Pradesh Prohibition Act, 1995 and the well established legal 2 principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same and pass IA NO: 1 OF 2022 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 stay all further proceedings in pursuance of the auction notice, dated 30.07.2022 issued by the respondent No.4, pending disposal of the Writ Petition and pass IA NO: 2 OF 2022 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.4 to grant interim custody of Mahindra Verito Car bearing registration No.AP 04 DG 7724 in favour of the petitioner, pending disposal of the Writ Petition and 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. 26171/2022 and pass IA NO: 2 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 vacate the interim orders dt: 18-08-2022 in WP.No.26171/2022 and dismiss the writ petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26171 of 2022 ORDER:- Despite the writ petition being listed under the caption ‘for dismissal’, there is no representation on behalf of the petitioner. Hence, it indicates that the petitioner is not interested in prosecuting the writ petition. Therefore, the Writ Petition is dismissed for non prosecution. 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: 18.11.2025 KBN 4 40 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26171 of 2022 Date: 18.11.2025 KBN