1 APHC010014162021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1244/2021 Between: 1. BANDI SHIVA SAI, S/O D. KASHI VISHVANATH, AGE-20 YEARS, H.NO. 11-51, MAIN BAZAAR, PEAPULLY VILLAGE AND MANDAL, KURNOOL DISTRICT-518221 2. BANGI OBULESU, S/O B. OBULAPATHI, AGE- 21 YEARS, KINDEGERI, PEAPULLY MANDAL VILLAGE, KURNOOL DISTRICT. 3. BOLLI MALLIKARJUNA, S/O. B. CHINNANNA AGE 28 YEARS, R/O. H.NO. 3-48A, POTHIDODDI, MADINENIDODDI, PEAPULLY MANDAL,KURNOOL DISTRICT , A.P-518221.( OWNER OF THE VEHICLE) ...PETITIONER(S) AND 1. STATE OF AP, THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PROH. AND EXCISE DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST. 2. THE SPECIAL ENFORCEMENT BUREAU, O/O. DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, SPECIAL ENFORCEMENT BUREAU, KURNOOL, KURNOOL DISTRICT. 4. THE ADDITIONAL SUPERINTENDENT OF POLICE, SPECIAL ENFORCEMENT BUREAU, KURNOOL, KURNOOL DISTRICT. 5. THE STATION HOUSE OFFICER, KRISHNAGARI POLICE STATION, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 2 1. MUDIYALA ANUDEEP REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR PROHIBITION EXCISE The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1244 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 and 5 for registering Cr.No.539/2020 against the petitioner No.1-2 as illegal, arbitrary, non-application of mind and without jurisdiction/excessive exercise power of power conferred on him and contrary to section 34 (A) of A.P Excise Act, 1968 as amended by Act 17 of 2020 r/w Notification in G.O.M.S.No.411/2019, revenue (Excise- ii) Department, dated 24-09-2019 and consequently quash the same FIR against the petitioners and direct the respondents 3 and 5 to release the petitioners petition schedule vehicle Mahindra Bolero of commercial goods carriage vehicle bearing Regd. No. AP 39 TD 3397 seized in Cr. No.539/2020 of Kurnool Taluq P.S unconditionally by waiving off the penalty amount imposed of Rs 4,00,000/- in Rc.631/2020, dated 12-10-2020 together with compensation/damages for illegal seizure as well as causing damage to the Mahindra Bolero of commercial goods carriage vehicle bearing Regd.No.AP 39 TD in the interest of justice and pass.….” 2. Today when the matter is taken up for hearing, none represented for the Petitioners. 3. Sri V. Farooq, learned Assistant Government Pleader for Home would submit that this Court, vide order dated 23.02.2021, made it clear that the issue relating to the release of the vehicle cannot be considered in the present writ petition. Therefore, he would submit that, the relief sought in this petition has become infructuous. 4 4. In that view of the matter, this 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. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.10.2025. Vns