THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10380 OF 2011 DATED: 15-04-2011. Between G.Shankar … Petitioner And 1.The Commissioner, Prohibition and Excise Dept.,Govt. of A.P. Hyderabad and two others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10380 OF 2011 ORDER: This Writ Petition is file to issue writ of mandamus, declaring the action of the respondent No.1 in non passing the orders in Cr.No.2003/11/D4 for release of the petitioner’s Auto Rickshaw vehicle (new) bearing temporary Registration No. AP 15 TQ TR 6663 (with chasis No. MBX 00002 FMM 173132 Engine No.3189747 Gear Box No.M584263) in Cr.No.650 of 2000-11 dated 06-01-2011 is illegal, bad, arbitray and violation of Principles of Natural Justice and consequently direct the respondents to release the vehicle to the petitioner pending disposal of appeal Cr.No.2003/11/D4 before the 1st respondent. 2. The vehicle in question was seized by the Excise Officials for transporting illicit liquor. The petitioner said to have present at the time of seizure of the vehicle. After seizure of the vehicle, the same was produced before the 2nd respondent who passed confiscation order confiscating the vehicle to the State after giving due opportunity to the petitioner. Challenging the same, appeal was filed before the 1st respondent. Appropriate decision has to be taken by the 1st respondent in accordance with law. When the appeal itself is pending, question of granting interim custody of the vehicle does not arise. 3. Accordingly, the Writ Petition is disposed of directing the 1st respondent herein to pass appropriate orders in the appeal in accordance with law after giving due opportunity to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. --------------------- K.C.BHANU, J DATED: 15-04-2011 Hsd