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Patti Mahendra Kumar v. The State of Andhra Pradesh

Andhra Pradesh HC3 Dec 2020WP/22004/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the Superintendent of Police for insisting on depositing title deeds for the release of a seized vehicle. The court held that the petitioner need only furnish immovable property as security by executing a bond as per the earlier order.

What did the court decide?

Directed respondent not to insist on depositing title deeds; ordered release of vehicle to petitioner on furnishing immovable property as security by executing a bond.

Patti Mahendra Kumar Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2020)

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THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.22004 of 2020

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ORDER :

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Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

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The petitioner has earlier filed W.P.No.17820 of 2020 before this Court seeking release of the vehicle that was seized by the Police in connection with crime No.346 of 2020 of Jammalamadugu U/G Police Station, Jammalamadugu, YSR Kadapa District. This Court, by its order, dated 01.10.2020, disposed of the said writ petition and directed respondent No.2, who is the Superintendent of Police, YSR Kadapa District, to get the vehicle valued by the Motor Vehicle Inspector in the presence of the petitioner and fix the value of the vehicle and further directed to release the vehicle to the petitioner on furnishing immovable property as security by executing a bond in favour of the said officer.

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Now the grievance of the petitioner is that respondent No.2 – Superintendent of Police has been insisting the petitioner to deposit the title deeds. Learned counsel for the petitioner would submit that respondent No.2 – Superintendent of Police is orally insisting the petitioner to deposit the title deeds.

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As can be seen from the order, dated 01.10.2020, passed in W.P.No.17820 of 2020, this Court did not direct the petitioner to deposit the title deeds for release of the vehicle. All that is required by the petitioner, as per the said order, is to offer immovable property as security by executing a bond for release of the vehicle. Therefore, respondent No.2 – Superintendent of Police is not justified in insisting the petitioner to deposit the title deeds contrary to the directions issued by this Court in the order, dated 01.10.2020, passed in W.P.No.17820 of 2020. In fact,

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CMR,J2 W.P.No.22004 of 2020

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learned Government Pleader for Home appearing for the respondents also would submit that the petitioner need not deposit the title deeds as per the order, dated 01.10.2020, passed in W.P.No.17820 of 2020 and that he is entitled for release of the vehicle on furnishing immovable property as security by executing a bond in favour of respondent No.2 – Superintendent of Police.

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Therefore, this Writ Petition is disposed of, with a direction to respondent No.2 – Superintendent of Police, not to insist the petitioner to deposit the title deeds for release of the seized vehicle i.e., Mahindra Bolero bearing registration No.AP 39 BB 4836 and he is further directed to release the vehicle to the petitioner on compliance with the directions issued by this Court in the order, dated 01.10.2020, passed in W.P.No.17820 of 2020.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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03^rd December, 2020 GHN

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________________________________ CHEEKATI MANAVENDRANATH ROY, J

Patti Mahendra Kumar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Patti Mahendra Kumar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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