Allowed

Venkatesh Deva Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC1 Mar 2021WP/4932/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court disposed of the matter, accepting the respondents' consent, by ordering the release of the seized vehicle upon the petitioner furnishing immovable property security as collateral.

What did the court decide?

Directing the respondents to release the seized vehicle by accepting immovable property security as collateral.

Venkatesh Deva Reddy Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE D.RAMESH

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WRIT PETITION NO. 4932 of 2021

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ORDER :

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This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

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“to issue an appropriate writ, order or direction more in nature of Writ of Mandamus, declaring the action of the 4^th respondent in passing the order vide proceedings Rc.No.45/SEB-KUR/2021, dated 12.01.2021 by imposing onerous conditions of furnishing a fixed deposit receipt for Rs.45,000/- (Rupees forty five thousand only) towards the value of the vehicle as mentioned in the valuation certificate for the purpose of releasing the motor cycle Honda Shine bearing registration No. AP 21 BJ 4456, which was seized by 5^th respondent in connection with Crime No.177/2020 and declare the same as unfair, unjust and unreasonable and against the principles of natural justice and also violation of Article 14, 19, 21 and 300-A of the Constitution of India and Section 46 E of the A.P.Excise Act, consequently direct the 4^th and 5^th respondents to release the said vehicle forthwith…”

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Heard learned counsel for the petitioner and learned Assistant Government Pleaders for Excise and Home, appearing for the respondents.

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Learned counsel for the petitioner submits that there is no dispute about the ownership of the vehicle and to that effect, he filed copy of the registration certificate of the vehicle bearing No . AP 21 BJ 4456. He also submits that coordinate benches of this Court have passed orders directing release of the vehicle on furnishing appropriate immovable property.

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Learned Assistant Government Pleaders for Excise and Home, does not oppose the Writ Petition.

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In that view of the matter and with the consent of both sides, the Writ Petition is disposed of directing the respondents to release the vehicle i.e., Motor Cycle Honda Shine bearing registration No.AP 21 BJ 4456 f or interim custody of the petitioner by taking collateral security/immovable property security for the value of the said vehicle from the petitioner. It is further directed that the petitioner shall not alienate, change the physical features or create any encumbrance of the said vehicle. The petitioner shall produce the vehicle whenever directed by the concerned authorities. No costs.

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

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_______________ JUSTICE D.RAMESH

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Date : 01.03.2021 SPP

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THE HON’BLE SRI JUSTICE D.RAMESH

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Writ Petition No.4932 of 2021

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Date : 01.03.2021

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SPP

Venkatesh Deva Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Venkatesh Deva Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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