IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7633 of 2009 Between: 1 J.Sridhar Kumar S/o.Sri Ramulu R/o.12/1/76/A,Prashanti Nagar Hindupur,Ananthapur District 2 G.R.harinath S/o.Rama Krishnappa R/o.H.No.26-4749,Neat Shanthi Talkies, Hindupur Town Ananthapur District ..... PETITIONER(S) AND 1 The Prohibition and Excise, Superintendent, Penukonda, Ananthapur District 2 The Station House officer, Prohibition & Excise Sub Station, Hindupur, Ananthapur District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing the vehicles No.AP 02 V 3568 and AP 02 V 4509 belonging to the petitioners as arbitrary, unreasonable improper and consequently direct the respondents to release the vehicles No.AP 02 V 3568 and AP 02 4509 belonging to the petitoners and pass Counsel for the Petitioner:MR.V.SREE RANGA RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R:- The petitioners assert that on 19.11.2008, at about 11:00 A.M., a Van bearing No.AP02 V 3568 belonging to the 1st petitioner and another Van bearing No.AP02 V 4509 belonging to the 2nd petitioner were loaded with some plastic crates, but the 2nd respondent-Station House Officer, Prohibition & Excise Sub-Station, Hindupur, seized the two Vans and registered a case in Cr.No.593/2008-09 against the petitioners, on the allegation that during inspection of Pulamathi TCS Toddy Depot, he found the Vans carrying adulterated toddy. Hence, the petitioners filed the writ petition seeking a direction to the respondents to release their vehicles. The learned Government Pleader for Prohibition and Excise appearing for the respondents submits that the petitioners have not approached the 1st respondent for release of their vehicles, and if they make applications seeking release of their vehicles, the respondents would consider their cases. In view of stand taken by the learned Government Pleader for Prohibition and Excise that if the petitioners make applications for release of their vehicles, they would consider the same, this Court is inclined to dispose of the writ petition with the following directions: “The petitioners are directed to make appropriate applications before the respondents seeking release of their vehicles, and if any such applications are made, the respondents shall consider the same and pass appropriate orders thereon in accordance with law.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 15th April, 2009 bcj