Allowed

Bommareddy Ashok Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC7 Apr 2021WP/7808/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court set aside an order directing the petitioner to pay Rs.17.8 lakhs as a fixed deposit to secure interim custody of a seized lorry. The Court instead directed the release of the vehicle upon providing collateral security.

What did the court decide?

Directed respondents to release the seized lorry upon collateral security; set aside order requiring fixed deposit.

Bommareddy Ashok Reddy Vs The State of… — Civil Procedure and Limitation | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.7808 OF 2021

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O R D E R:

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This Writ Petition has been filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief/s:

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“… this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd Respondent vide C.No.57/SEB/GTR-U/2020 dated 14.12.2020 directing the petitioner to pay an amount of Rs.17,80,000/- as Fixed Deposit Receipt (F.D.R) in a nationalized bank in the name of the 3^rd respondent inspite of readiness of the petitioner to furnish third party surety to release the vehicle as illegal, arbitrary, injustice, and violative of Article 19, 21 of Constitution of India and consequently set aside the same by directing the respondents to release the Lorry Ashok Leyland vehicle bearing Registration No.AP 07 TH 3336 to the petitioner forthwith, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”.

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Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition & Excise appearing for the respondent Nos.1 & 2 and learned Government Pleader for Home appearing for the respondent Nos.3 & 4.

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It is submitted by the learned counsel for the petitioner that on application filed by the petitioner, the 3^rd respondent passed orders in C.No.57/SEB/GTR-U/2020, dated 14.12.2020, for interim custody of the seized vehicle to the petitioner subject to furnishing Fixed Deposit Receipt for an mount of Rs.17,80,000/- drawn on Indian Overseas Bank, 4^th lane, Brodipet, Guntur City, in favour of Superintendent of Police, Guntur Urban District for the value of seized vehicle.

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Aggrieved by the said condition, the present writ petition is filed.

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The learned counsel for the petitioner submitted that there is no dispute about the ownership of the vehicle and the condition imposed by the 3^rd respondent to furnish a Fixed Deposit Receipt for an amount of Rs.17,80,000/- towards the value of the vehicle is an onerous condition and the petitioner is not in a position to furnish the same and prayed to relax the condition.

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Learned Government Pleaders appearing for the Respondents would submit that to protect the interest of the Government, such condition is imposed.

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In that view of the matter, the Writ Petition is allowed and the condition imposed by the 3^rd respondent vide proceedings in C.No.57/SEB/GTR-U/2020 dated 14.12.2020 is

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set aside and the respondents are directed to release the Lorry Ashok Leyland vehicle bearing Registration No.AP 07 TH 3336, for interim custody of the petitioner by taking collateral security for the value of the said vehicle from the petitioner. It is further directed that the petitioner shall not alienate the vehicle, shall not change its physical features or create any encumbrance on the same. The petitioner shall produce the vehicle whenever he is directed to do so by the lower court.

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

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_______________________

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JUSTICE BATTU DEVANAND

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Date: 07.04.2021

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HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.7808 OF 2021

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07.04.2021

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Note: Issue CC today.

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B/o PGR

Bommareddy Ashok Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bommareddy Ashok Reddy 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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