The High Court in a writ petition sought a Writ of Mandamus directing the release of a seized vehicle. The Court held that an alternative statutory remedy was available and disposed of the writ accordingly.
The writ petition was dismissed as the statutory remedy before the Deputy Commissioner of Excise was available.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITIION No.2826 of 2018
ORDER:
This Writ Petition is filed, under Article 226 of the
Constitution of India, for the following relief:
“to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to declare the action of the second respondent in not releasing the TATA RX-Pick Up Van bearing Reg.No.AP-15-TB-6780 seized in Cr.No.62 of 2017 inspite of the readiness of the petitioner to furnish the third party surety, as being illegal, arbitrary and unjust and consequently direct the second respondent to release the vehicle.”
Heard learned counsel for the petitioner and the
learned Government Pleader for Home (Telangana).
In fact, petitioner herein approached the Court of Judicial First Class Magistrate, Thorrur by way of filing a Criminal Miscellaneous Petition under Section 457 Cr.P.C. r/w Section 34 (E) of the A.P.Excise Act. The said Court returned the said application on the ground of jurisdiction.
It is submitted by the learned Government Pleader that under the A.P.Excise Act, the petitioner herein has to make an application, for redressal of his grievance, before the appropriate authority i.e. the Deputy Commissioner of Excise.
In view of the said remedy available for the petitioner herein, the Writ Petition is disposed of with liberty to the
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petitioner to file an appropriate application before the concerned authority.
Miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs.
A.V.SESHA SAI,J
15th February, 2018 Tsy
1 issue framed by the court
Whether the Writ Petition concerning the release of a seized vehicle needs to be disposed of despite the availability of a statutory remedy before the Deputy Commissioner of Excise.
2 provisions across 2 enactments
Petitioner
Home (Telangana)
Second Respondent
A.V.SESHA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
