IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SECOND DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1901 of 2009 Between: Mehar Chand S/o.Sri Chittar Ram R/o. HQ MC EME, Secunderabad A.P. ..... PETITIONER AND The Deputy Commissioner, A.P. State Prohibition & Excise, Nampally Road, Hyderabad. .....RESPONDENT 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 direction, orders or a Writ; more appropriately one in the nature of a Writ of Mandamus directing/declaring the action of the respondents herein "Declare the action of sole respondent herein of not taking any action on the Petitioner's Statutory Appeal dated 24.01.2009 under Section 46C of AP Prohibition & Excise Act, 1968 [Act 17 of 68] as being infringement of petitioner's Fundamental Right to speedy justice guaranteed under Article 21 of the Constitution of India and therefore ultra vires. and pass such other direction, order or orders. Counsel for the Petitioner:MR.CAPT.K.M.SAXENA Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R : The petitioner’s case is that he owns a Plot No.42 with Semi- finished room in S.No.29 situated at Sri Sai Samala Laxmi Enclave, Bharatnagar, Kowkur, Malkajgiri Mandal where he parked his Maruthi Van bearing No.PB-08-A2-9330, and went on duty, and after returning from his duty, he came to know that on 15.8.2008, the officers of Prohibition & Excise Department, took away his vehicle with all original documents that were kept inside the van and confiscated it. When the petitioner went to the Prohibition & Excise Police Station to find out the reasons for seizure of his vehicle and the documents, he was arrested and produced before the learned XI ACMM, Secunderabad, who remanded him to judicial custody for 14 days and later released him on bail. Thereafter, he approached the A.P. Excise authorities for release of his vehicle and return of the documents, but they have not released the vehicle nor returned the documents. Then, on 24.1.2008, the petitioner, preferred a Statutory Appeal before the respondent-Deputy Commissioner under Section 46 (c) of the Andhra Pradesh Excise Act, 1968 (for short “the Act”) against the order of confiscation of the vehicle, but his grievance is that the respondent, so far, has neither released his vehicle nor disposed of the appeal. Heard the learned counsel for both the parties and perused the material placed on record. Admittedly, a statutory appeal preferred by the petitioner under Section 46 (C) of the Act is pending consideration before the respondent for release of the petitioner’s Maruthi Van bearing No. No.PB-08-A2-9330 and return of the original documents. In that view of the matter, this Court deems it appropriate to dispose of the writ petition with the following direction: “The respondent-Deputy Commissioner is directed to consider the appeal preferred by the petitioner and pass appropriate orders thereon in accordance with law, expeditiously”. Accordingly, this writ petition is disposed of. No costs. _______________ N.V. RAMANA, J. 5th February, 2009. Note: Furnish copy by tomorrow B/o bcj