APHC010466772022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28803/2022 Between: 1. TATAMOTORS FINANCE LTD, REP., BY ITS LEGAL OFFICER- CUM-AUTHORISED REPRESENTATIVE, A.SIVAGANESHBABU, S/O.JALA RAO,AGED 45 YEARS, OCC.LEGAL OFFICER,R/O.D.NO.40-5-5/1A AND 1B, 4TH FLOOR, SRI VENKATESWARANILAYAM, CHANDRANOULIPURAM, VIJAYAWADA CITY, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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, KURNOOL DISTRICT, KURNOOL. 4. THE SUPERINTENDENT OF POLICE, KUMOOL, KURNOOL DISTRICT. 5. SUBDIVISIONAL POLICE OFFICER, ATMAKUR, KURNOOL DISTRICT. 6. REGIONAL TRANSPORT OFFICER, KURNOOL REGION, KURNOOL DISTRICT. 7. THE STATION HOUSE OFFICER, BARHMANAKOTKURPOLICE STATION, BARHMANAKOTKUR, KURNOOL DISTRICT. 8. BESTHA RAMA DEVI, AGED ABOUT 40 YEARS, OCC.HOUSE WIFE, R/O.FLAT NO.54, DWARAKA NAGARI, NANDIKOTKURU ROAD, PASUPALA VILLAGE, NEAR ST. JOSEPH COLLEGE, KURNOOL DISTRICT. 9. TELUGU NARAYANA, S/O.T.SUBANNA, AGED ABOUT 50 YEARS, OCC. DRIVER, R/O.D.NO.5-165A, TELUGU PETA, KORRAPOLURU ROAD, GUDIVEMULA POST, NANDYAL DISTRICT. ...RESPONDENT(S): 2 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 Order in C.No.58/SEB/Auction/2022, dated 29.03.2022 passed by the respondent No.4 for auctioning the TATA ACE MEGA XL vehicle with registration No.AP39V5474 bearing chassis No.MAT535051JZN71315 which is confiscated under Section 46 of the Andhra Pradesh Excise Act, 1968, as if it is involved in Cr.No.57 of 2021 of Barahmanakotkur Police Station, Nandikotkur Mandal, Kurnool District, and directing the respondent No.5 to conduct auction on 04.04.2022 to 07.04.2022 and the consequential orders in C.No.58(286)/SEB-KNL/2022, dated 17.06.2022 passed by him confirming the public auction said to have been conducted by the respondent No.5 on 07.04.2022 and ordering for handing over the possession of the TATA ACE MEGA XL vehicle with registration No.AP39V5474 bearing chassis No.MAT535051JZN713 15 to the respondent No.9, without putting the petitioner on notice, eventhough, the Vehicle is in hypothecated with the petitioner and is in possession of the petitioner and that too without adhering to the procedure envisaged under the provisions of the Andhra Pradesh Excise Act, 1968 and the Motor Vehicles Act, 1988 as arbitrary, illegal and colourable exercise of poWer and contrary the well established legal 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 not to take the possession of the TATA ACE MEGA XL vehicle with registration No.AP39V5474 bearing chassis No.MAT535051JZN71315 from the petitioner, 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 vacate the interim order dt: 08- 09-2022 passed in WP.No.28803/2022 and dismiss the present writ petition with costs and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME 3. GANGISETTY RAJESWARA RAO The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28803 of 2022 ORDER: Learned counsel for the petitioner submits that due to efflux of time, the cause in the writ petition has been 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: 01.12.2025 KBN 4 46 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28803 of 2022 Date: 01.12.2025 KBN