Allowed

P. Sandeep Kumar v. State of Ap

Andhra Pradesh HC17 Aug 2021WP/17157/2021

Case brief

AI extract

What is this about?

The Court in Writ Petition No. 17157 of 2021 addressed the petitioner's grievance regarding the 2nd respondent's failure to consider an application for interim custody of a seized vehicle filed on 03-03-2021 within a reasonable time.

What did the court decide?

Direction to the 2nd respondent to consider and dispose of the pending application for interim custody of the vehicle within two weeks from the date of receipt of a copy of this order.

P. Sandeep Kumar Vs State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2021)

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5THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No.17157 OF 2021

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ORDER:-

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This writ petition is filed to declare the action of the respondents in not considering and disposing of the application filed for interim custody of the vehicle, as illegal and consequently sought direction to the 2^nd respondent to dispose of the said application.

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home for 1^st respondent and learned Assistant Government Pleader for Excise for respondents 2 and 3.

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A case in Crime No.33 of 2021 was registered for the offence punishable under Section 34 (a) of the Andhra Pradesh Excise (Amendment) Act, 2020 (for short “Excise Act”), against the petitioner and some other persons. The vehicle i.e. TOYOTA ETIOS Car bearing No.AP 27 BS 9215 was seized by the police in connection with the above crime. It appears that the petitioner has filed an application before the 2^nd respondent under Section 46C of the Excise Act, seeking interim custody of the said vehicle. It is stated that the said application was filed long back on 03-03-2021 before the 2^nd respondent. The grievance of the writ petitioner is that the said application which was filed long back on 03-03-2021, is not being considered and disposed of by the 2^nd respondent. Therefore, questioning the inaction on the part of the 2^nd respondent in considering and disposing of the said application, the present writ petition has been filed.

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It is not disputed before this Court that the petitioner has filed an application before the 2^nd respondent on 03-03-2021 claiming interim custody of the said vehicle. Therefore, the 2^nd respondent is obligated under law, to consider the said application and dispose of the same according to law. He cannot keep the said application pending for long time without considering the same and disposing of the same. No reasons are stated explaining the said laches on the part of the 2^nd respondent in not considering the said application and disposing of the same.

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Therefore, this Writ Petition is disposed of, with a direction to the 2^nd respondent to consider the said application filed by the petitioner seeking interim custody of the said vehicle and dispose of the same according to law, within two (02) weeks from the date of receipt of a copy of this order or from the date on which a copy of this order is produced before him by the petitioner, whichever is earlier. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any pending, in this Writ Petition, shall stand closed.

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_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date : 17-08-2021

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Note: Issue CC tomorrow (B/o) ARR

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No.17157 OF 2021

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Date : 17-08-2021

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ARR

P. Sandeep Kumar v. State of Ap

Case brief

What is this about?

What did the court decide?

P. Sandeep Kumar v. State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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