Dismissed

Alakunta Tirupathaiah v. The State of Andhra Pradesh

Andhra Pradesh HC3 Jun 2021WP/10709/2021

Case brief

AI extract

What is this about?

This order dismisses a writ petition challenging the illegal seizure of a vehicle for transporting PDS rice. The court dismissed the petition by following its previous order in W.P.No.9262 of 2021, directing the party to file an application under Section 457 Cr.P.C. before the Magistrate.

What did the court decide?

Petitioner directed to file application under Section 457 Cr.P.C. before Magistrate; petition disposed of.

Alakunta Tirupathaiah Vs The State of… — Civil Procedure and Limitation | Andhra Pradesh HC (2021)

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HONOURABLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.10709 of 2021

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ORDER:

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This writ petition is filed to declare the action of the respondents in seizing the TATA Magic Truck Auto vehicle bearing No.AP 26 TV 0647 of the petitioner without following any procedure, as illegal and arbitrary.

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The case of the petitioner is that the petitioner is the original owner of the TATA Magic Truck Auto vehicle bearing No.AP 26 TV 0647. On 16.05.2021, the Sub-Inspector of Police, Tadepalli, seized the said vehicle on the ground that he is transporting Government supplied PDS rice illegally. He had approached the respondents 2 and 3 and requested to release the vehicle. But no action was taken so far. Hence, this writ petition.

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

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Learned counsel for the petitioner submits that the petitioner is the owner of the said vehicle and he is nothing to do with the rice. He further submits that so far, the vehicle is not produced before the Magistrate and relied on the order of this Court in W.P.No.9262 of 2021 dated 03.05.2021.

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In the similar circumstances, this Court in W.P.No.9262 of 2021 dated 03.05.2021, directed the petitioners therein to file appropriate application under Section 457 Cr.P.C. before the Magistrate concerned and on filing such application, the competent authorities concerned or the Magistrate, shall dispose of the

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application in accordance with law within a week from the date of filing of such application.

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Following the said order, this Writ Petition is also disposed of

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in terms thereof.

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There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending

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shall stand closed.

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________________ M. GANGA RAO, J

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Date: 03.06.2021

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Note: Issue C.C. on 04.06.2021 B/o. Pab

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HONOURABLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.10709 of 2021

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Date: 03.06.2021

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Pab

Alakunta Tirupathaiah v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Alakunta Tirupathaiah 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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