THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21870 of 2009 Dated 01st July, 2010 Between: Habeeb Md.Bin Salam Al Aidroos. …Petitioner And The Government of A.P. and another. …Respondents Counsel for the petitioner: Mohd. Mumtaz Pasha Counsel for respondents: Assistant Government Pleader for Home The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in insisting on the petitioner to surrender his vehicle (Tata Sumo make) bearing registration No.AP 04K 3141 as illegal and arbitrary. In his affidavit, the petitioner averred that one Smt. N. Dhanamma is the original owner of the vehicle in question. She has sold the same to one Mr. Ravindar, who in turn sold the vehicle to the petitioner. The petitioner filed a copy of the registration certificate to show that the vehicle was registered in his name on 28.12.2005. The petitioner’s grievance is that on a complaint given by Dhanamma against the petitioner’s vendor – Ravindar that he has not paid the sale consideration to her, respondent No.2 is seeking to seize the vehicle from the petitioner’s possession. No counter-affidavit is filed, though the case has undergone several adjournments. From the uncontroverted facts contained in the affidavit, it is clear that the petitioner is a registered owner of the vehicle. If a criminal case was registered against the petitioner’s vendor for his failure to pay sale consideration to Dhanamma, the petitioner is no way responsible therefor. The petitioner being the registered owner of the vehicle and in the absence of any case registered against him, it is not permissible for the Police to interfere with the personal liberty of the petitioner or to seize the vehicle in his possession. On the above premises, the writ petition is allowed and the respondents are restrained from interfering with the possession and enjoyment of the vehicle bearing No.AP 04K 3141 by the petitioner. ________________________ C.V.NAGARJUNA REDDY, J 01st July, 2010 GHN