Remanded

R Raghavendra v. The State of Andhra Pradesh

Andhra Pradesh HC8 Apr 2021WP/7943/2021

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition challenging inaction by the home department in considering a representation to release a seized vehicle. The court held that delay causes damage to the vehicle and directed the respondents to dispose of the representation within a week, granting interim custody against collateral security.

What did the court decide?

Directed respondents to pass orders on the representation and release vehicle to petitioner on interim custody with collateral security within one week.

R Raghavendra Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.7943 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 declaring the inaction of the 3^rd respondent in not considering the representation of the petitioner, dated 29.01.2021 for releasing the petitioner’s vehicle bearing No.KA 03 NF 0609 Maruthi Swift VDI Car which was seized in connection with Crime No.238 of 2020 Byreddipalli Police Station, Chittoor District under Section 34(A) of Andhra Pradesh Excise Act.

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Heard Sri Narra Srinivasa Rao, learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing for the respondent Nos.1 and 2 and learned Government Pleader for Home appearing for the respondent Nos.3 and 4 and perused the material available on record. With the consent of both counsel, this writ petition is disposed of at the stage of admission.

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The petitioner is the owner of the vehicle bearing No.KA 03 NF 0609 Maruthi Swift VDI Car. The said vehicle was seized by the 4^th respondent alleging illegal transportation of the liquor bottles and a case was registered in Crime No.238

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of 2020 Byreddipalli Police Station, Chittoor District under Section 34(A) of Andhra Pradesh Excise Act.

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It is submitted by the learned counsel for the petitioner that on 29.01.2021, the petitioner made an application to the respondent No.3 seeking to release the seized vehicle, but it was not considered till date. Aggrieved by the same, the present Writ petition is filed.

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On the other hand, the learned Government Pleader appearing for the respondents would submit that after receipt of the representation of the petitioner, dated 29.01.2021, the 3^rd respondent sought ownership particulars of the vehicle from the concerned RTA office and they did not receive those particulars till date.

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The reason submitted by the learned Government Pleader for not considering the representation of the petitioner for the last more than 2 months is not acceptable. It is the duty of the respondents to get required particulars from the concerned authorities. The representation of the petitioner has to be considered in a reasonable time, as the said vehicle was seized on 02.08.2020 and thereafter the same was kept in the 4^th respondent’s police station. The said vehicle will be damaged due to exposure to the sun and rain.

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In view of the same, in the considered opinion of this Court, interest of justice would be met by directing the respondents to consider and pass orders to dispose of the representation, dated 29.01.2021 submitted by the petitioner.

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Accordingly, the Writ Petition is disposed of directing the respondents to pass orders on the representation, dated 29.01.2021 submitted by the petitioner to release the vehicle bearing No.KA 03 NF 0609 Maruthi Swift VDI Car, for interim custody of the petitioner by taking collateral security for the value of the said vehicle from the petitioner within a period of one (1) week from today. There shall be no order as to costs.

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

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_________________________ JUSTICE BATTU DEVANAND

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Dt. 08-04-2021

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Note: Issue CC today.

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B/o PGR

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.7943 of 2021

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Dt. 08-04-2021

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Note: Issue CC today . B/o

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PGR

R Raghavendra v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

R Raghavendra 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

Coram

Case details

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