IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20380 of 2008 Between: Rama Nageswara rAo S/o.Venakaih R/o.Ramapuram village Dachepalli Mandal, Guntur District ..... PETITIONER AND 1 The Sub-Inspector of police, Prohibition & Excise, Gurajala, Guntur District 2 The Deputy Commisisoner,Prohibition & Excise Guntur .....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 writ or order or direction more particjlarly one in the nature of writ of mandmaus declairng the action of the 1st respondent in seizing the auto bearing Temporary Registration No.Ap24-A1/TR-8027 in PR.No.64/08-09 of PRohibition and Excise STation, Gurajala ,Guntur District as illegal,and arbitrary, and consequently direct the respondents to release the said auto and pass Counsel for the Petitioner:MR.RAJA REDDY KONETI Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20380 of 2008 ORAL ORDER This writ petition is ﬁled seeking a declaration that the action of the 1st respondent, in seizing the Auto bearing Temporary Registration No.AP24-A1/TR-8027 in P.R.No.64/08-09 of Prohibition and Excise Station, Gurajala, Guntur District, as arbitrary and illegal and consequently direct the respondents to release the said Auto. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Prohibition and Excise appearing for the respondents. As could be seen from the material on record, the vehicle in question was seized on 29-07-2008 on an allegation that the vehicle was transporting three plastic cans containing I.D.Arrack, contrary to the provisions of the A.P. Prohibition Act,1997 and the Rules made thereunder. It is also not in dispute that pursuant thereto proceedings are pending before the 2nd respondent under Section.7-A of the A.P. Prohibition Act,1997. In the circumstances it is for the petitioner to approach the 2nd respondent seeking interim release of the vehicle in possession pending the proceedings. Without making such an application the petitioner cannot maintain the present writ petition under Article.226 of the Constitution of India. Accordingly the writ petition is disposed of granting liberty to the petitioner to make appropriate application before the 2nd respondent. If any such application is made the 2nd respondent shall consider the same and pass appropriate orders in accordance with law within a period of one week from the date of making of such application. No order as to costs. _________ G.ROHINI,J 18th September,2008 Note: Issue CC in two days. (B/o) *TSNR