India Traders Vs the State of Ap

INDIA TRADERS, REP. BY ITS MANAGING PARTNER, JAFFER MOHAMMED, S/O. LATE. SHAIK ADAM ALI AGED 68 YEARS, OCC BUSINESS, R/O H. NO. 111, SHERZA ESTATE, N.S. ROAD, HYDERABAD, TELANGANA - 500095.

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...PETITIONER

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AND

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THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (COMMERCIAL TAXES), AP SECRETARIAT, VELAGAPUDI, AMARAVATI-522238.

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THE ASSISTANT COMMISSIONER ST, SRICITY CIRCLE, 2/235, 0PP. COURT BUILDINGS, SECOND FLOOR, VENKATAGIRI ROAD, GUDUR, TIRUPATI DISTRICT, ANDHRA PRADESH - 524101.

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THE DEPUTY ASSISTANT COMMISSIONER ST II, O/O THE ASSISTANT COMMISSIONER (ST), SRICITY CIRCLE GUDUR, TIRUPATI DISTRICT, ANDHRA PRADESH - 524101.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 1 to 3 in not considering my representation Dt. 05.01.2026 submitted to release

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2

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the unauthorized seizure respondent Dt. 03.01.2026 from of my vehicle by 3 rd the vehicle Registration No - TN52R7943, without issuing any notice and without any authority of law illegal, irregular, irrational, without authority or sanction of law and offends articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to release my said vehicle to pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to release my unauthorized seizure of my vehicle from the custody of 3rd respondent as was seized on 03.01.2026 from the vehicle bearing Registration No- TN52R7943, pending disposal of the main Writ Petition and to pass

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Counsel for the Petitioner:

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1.M S S SWAYAM PRAKASH BABU

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Counsel for the Respondent(S):

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1.GP FOR COMMERCIAL TAX

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3

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The Court made the following order:

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(Per Hon’ble Sri Justice R.Raghunandan Rao)

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The vehicle of the petitioner is said to have been seized by the 3^rd respondent on 03.01.2026. Thereafter, the petitioner is said to have filed representation, for release of the said vehicle on 05.01.2026.

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The petitioner has now approached this Court with a contention that the said representation is not being considered by the 3^rd respondent despite passage of period of one month and non-consideration of his representation is causing enormous loss and damage to the petitioner, as there is every danger of the vehicle deteriorating in quality.

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This Court finds considerable merit in the said contention and this Writ Petition is disposed of with a direction to the 3^rd respondent to consider the representation of the petitioner, dated 05.01.2026 and to take a decision on the said representation, in accordance with law, within a period of one (1) week from the date of receipt of this order. There shall be no order as to costs.

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As a sequel, pending miscellaneous applications, if any, shall stand closed.

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________________________

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R. RAGHUNANDAN RAO, J

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T.C.D. SEKHAR, J

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________________

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Date: 04.02.2026 Furnish copy today KA