IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 22930 of 2004 BETWEEN: Venkata Rami Reddy S/o. Veera Reddy, R/o. Banaganapalli Kurnool District. ... PETITIONER AND 1 The Sub Inspector of Police Police Station, Banaganapalli Kurnool District. 2 The Divisional Forest Officer, Kurnool Division, Kurnool R2 is impleaded as per court order dt. 27-12-2004 in WPMP 31341 of 2004 ...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 a writ or order or direction more particularly in the nature of writ of Mandamus declaring the action of the respondent in detaining the tractor and trailer of the petitioner bearing No. AP 21 U 7914 and AP 21 U 7915 without registering any crime as arbitrary illegal and consequently direct the respondent to release the tractor and trailer bearing No. AP 21 U 7914 and AP 21 U 7915 forthwith in the interest of justice. Counsel for the Petitioner: MR.P.NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondent in detaining his tractor and trailer bearing No. AP 21U 7914 and AP 21U 7915 without registering any crime as illegal and arbitrary. 2. Counter has been filed stating that on a complaint filed by the Assistant Conservator of Forest, Kurnool about illegal transportation of black granite in the tractor and trailer belonging to the petitioner, a case in Cr.No.208 of 2004 was registered for the offence under Section 183 of the Indian Penal Code of Banaganapalle Police Station on 14.12.2004 and took up investigation. 3. In view of the registration of the crime, I am of the opinion that nothing survives in the writ petition for adjudication. The writ petition is accordingly dismissed as infructuous with a liberty to the petitioner to take appropriate action in the pending crime. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 23, 2008 DSK