This order disposes of a writ petition challenging the seizure of petitioners' vehicles for alleged illegal sand transport. The court directs petitioners to apply to the concerned court for release, leaving the decision to that authority.
Petitioners directed to apply to the concerned court for release of vehicles.
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THE HON’BLE SRI JUSTICE A. RAJASHEKER REDDY
Writ Petition No.41900 of 2016
ORDER :
The Writ Petition is filed seeking to issue a writ, order, or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in seizing and detaining the petitioners’ vehicles without following any procedure under statutes, as illegal and arbitrary and consequently, direct the respondents to release the petitioners’ vehicles.
Heard the learned counsel for petitioners and the learned Assistant Government Pleader for Home and perused the material available on record.
The learned Assistant Government Pleader for Home produced written instructions saying that petitioners’ vehicles were seized, while transporting the sand illegally, vide crime No.281 of 2016 of Vemulawada Police Station, Sircilla District, registered under Sections 379 and 353 read with Section 34 I.P.C. The vehicles were deposited before the Court vide Inward No.531 of 2016, dated 29-11-2016 and subsequently, they were kept in the Police custody.
Having regard to the facts and circumstances of the case, the Writ Petition is disposed of keeping it open to petitioners to make an application before the Court concerned for release of their vehicles and if such application is made, it is for the Court concerned to consider the same and pass appropriate orders. No order as to costs.
2
Miscellaneous petitions, if any, pending in this writ petition shall
stand disposed of.
__________________________ A. RAJASHEKER REDDY, J. Date: 14.12.2016 Note : Issue C.C. by 15-12-2016. B/O skmr
1 issue framed by the court
Whether the writ petition seeking release of seized vehicles should be allowed.
1 provisions across 1 enactments
Petitioners
4th Respondent
A. RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
