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Manjunathan Enterprises v. the State of Ap

Andhra Pradesh HC28 Dec 2020WP/25299/2020

Case brief

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What is this about?

Petitioner sought writ to release a vehicle seized for illegal alcohol transport. Court directed their side to get the vehicle valued by an inspector. Upon furnishing immovable property security based on that value, the petitioner was directed to get the vehicle released.

What did the court decide?

Petitioner directed to get vehicle valued; upon furnishing immovable property security as per valuation, vehicle to be released as interim custody.

Manjunathan Enterprises Vs the State of Ap — Motor Accident Claims | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25299 OF 2020

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ORDER :

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This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, declaring the action of the respondents to release the vehicle i.e Lorry Vehicle bearing No. KA 01 MT 6858 of the petitioner without jurisdiction, as illegal and arbitrary.

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

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Learned counsel for the petitioner submits that the petitioner is the owner of the Vehicle/Maruthi Suzuki Ertiga bearing No. KA 01 MT 6858 and the said vehicle was seized by the 2^nd respondent/ Station House Officer, Chilamathur Police Station, Anantapur District, on the allegation that he is transporting alcohol illegally.

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Learned counsel for the petitioner and the learned Government Pleader for Home further submits that the issue involved in the present writ petition is squarely covered by the orders of this Court in W.P.No.14783 of 2020 dated 08.09.2020, wherein this Court directed the respondents to get the vehicle valued by Motor Vehicle Inspector, concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the third respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property

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MSM,J

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as security, the Superintendent of Police, is directed to release the vehicle as interim custody.

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In view of the submission made by both the counsel, writ petition is disposed of, directing the second respondent / Station House Officer, Chilamathur Police Station, Anantapur District, to get the vehicle valued by Motor Vehicle Inspector concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the second respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the second respondent/ Station House Officer, Chilamathur Police Station, Anantapur District, is directed to release the vehicle as interim custody.

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With these observations, the writ petition is disposed of accordingly. No costs.

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Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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JUSTICE M. SATYANARAYANA MURTHY

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Date:28.12.2020 SP

Manjunathan Enterprises v. the State of Ap

Case brief

What is this about?

What did the court decide?

Manjunathan Enterprises v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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