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 : 7330 of 2009 Between: Vemula Venkateswara Rao S/o.Veeranna R/o.Munduru, Pedavegi Mandal, West Godavari District. ..... PETITIONER AND 1 The Deputy Commissioner of Excise, Eluru, West Godavari District. 2 Sub-Inspector, Pro & Excise P.S., Eluru, West Godavari District. .....RESPONDENTS 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 issue appropriate writ or direction or order more particularly in the nature of Writ of Mandamus directing the action of the respondents in confiscating and keeping the vehicle in their custody is violative of principles of natural justice and Art. 14, 21 of the Constitution of India and ratio laid down by this Hon'ble Court in 2001 (6) ALT 10 D.B. and 1996 (2) ALD 462, Pro & Excise P.S. Eluru, and further direct the respondents to release the vehicle Model TVS XL Super Moped vide Chasis No.MO621A01691A89087 (Fresh Vehicle) having no registration yet which seized, confiscated and detained by the respondents in crime No.465/08-09, Pro & Excise P.S. Eluru. Counsel for the Petitioner: Mr.NARASIMHA RAO DAVULURI Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This writ petition is field by the petitioner aggrieved by the action of the respondents in not releasing his vehicle – TVS XL Super Moped, which was seized by the 2nd respondent in connection with Crime No.465/08-09. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. The vehicle of the petitioner, TVS XL Super Moped, which was having no registration, was seized by the 2nd respondent on the allegation that he was transporting ID Liquor in the said vehicle and a case was also registered for the said crime. The grievance of the petitioner is that even though he made a representation to the 2nd respondent-Sub Inspector, Prohibition & Excise Police Station, Eluru, West Godavari District, seeking release of his vehicle, so far no action has been taken on the same and hence he filed this writ petition. On the earlier occasion, when the writ petition was taken up, the learned Government Pleader sought time for getting instructions and today she reported that so far, the petitioner has not made any application/representation seeking release of the subject vehicle and hence no orders were passed. But, the learned counsel for the petitioner emphatically stated that the petitioner has given a representation to the 2nd respondent seeking release of the vehicle, and even though the 2nd respondent received the same, he has not given any acknowledgment. In the circumstances the petitioner is directed to submit another application seeking release of his vehicle to the 1st respondent – Deputy Commissioner of Police, Eluru, West Godavari District, who shall receive the same and pass appropriate orders forthwith. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.15.4.2009 Note: Furnish CC in 2 days (B/o) msv