THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.7301 OF 2010 Dated 1st April, 2010 Between: J.Venkateswara Rao …Petitioner And The Government of A.P. Rep. by its Principal Secretary and Six others …Respondents Counsel for the petitioner: Sri P.Durga Prasad Counsel for respondents 1 to 5: AGP for Home The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.5 in not taking action against respondent No.7 in pursuance of Crime No.27 of 2010 of Garividi Police Station, Chipurupalli Circle, Vizianagaram District as illegal and arbitrary. The petitioner sought for a direction to the respondents to release Lorries bearing Nos. AP35 T 5846; AP35 T 6119 and AP35 T 6647. I have heard Sri P.Durga Prasad, learned counsel for the petitioner, and learned Assistant Government Pleader for Home representing respondents 1 to 5. In the view this Court is proposing to take, it is not necessary to serve notices on respondents 6 and 7. The petitioner averred that he is a Special Class Contractor executing civil works for the past 25 years; that he was awarded with a contract of laying B.T road from Jakkuva Village to National Highway 43 and that while executing the said work, respondent No.7 unlawfully detained the abovementioned three lorries on the purported ground that the petitioner has not helped financially the dependents of a cleaner, who died in an accident. The petitioner further averred that on his report given against respondent No.7, the abovementioned crime was registered and his grievance is that respondent No.5 is not taking any action to ensure that the lorries detained by respondent No.7 are released to him. At the hearing, learned Assistant Government Pleader for Home, on instructions, submitted that investigation into the crime registered against respondent No.7 is in progress and that the police have not seized the lorries belonging to the petitioner, which were allegedly detained by respondent No.7. She further stated that the petitioner is free to use those lorries. This statement of the learned Assistant Government Pleader is placed on record and the writ petition is disposed of with liberty to the petitioner to use the lorries. If respondent No.7 resists such usage, respondent No.5 shall take appropriate action according to law. As a sequel to disposal of main petition, WPMP No.9429 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 1st April, 2010 Note: Issue operative portion by Wire at party’s cost. vrn