IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 12763 of 2009 Between: Donthegani Prabhakar S/o.Rangaiah R/o.Tettalapadu village Tirumalyapalem Mandal, Khammam District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Principal Secretary (Excise), Secretariat, Hyderabad 2 The Deputy Commissioner of prohibition & Excise Warangal 3 The Prohibition and Excise Station, Nelakondapalli Khammam District .....RESPONDENTS Counsel for the Petitioner: MR.Pulla Rao Yellanki Counsel for the Respondents.: AGP FOR Prohibition & Excise. The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare seizure of two-wheeler bearing No.AP20J 4010 (TVS Super XL), belonging to the petitioner, as illegal and arbitrary. The petitioner also sought for a direction to the respondents to release the said vehicle. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition and Excise. The above-mentioned vehicle was seized on 26- 3-2007 at Kokkireni, Thirumalapalem Mandal, Khammam District, when it was used in carrying I.D.Arrack. According to the petitioner, the said vehicle was lent by him to one of his friends, who eventually misused the same without his knowledge. The learned Assistant Government Pleader for Prohibition and Excise, on instructions, submitted that the enquiry under Section 13 of the A.P. Prohibition Act, 1995 is pending before the Deputy Commissioner of Prohibition and Excise, Khammam, and that the petitioner was given a show-cause notice in January, 2009. The learned counsel for the petitioner submitted that so far the petitioner has not received the said show- cause notice. As the seizure has taken place as far back as 26- 3-2007 and the petitioner moved this Court more than two years thereafter, I do not find any reason to direct release of the seized vehicle. Instead, the Deputy Commissioner of Prohibition and Excise, Khammam, is directed to complete the enquiry and pass a final order within a period of six weeks from the date of receipt of a copy of this order. In view of the submission of the learned counsel for the petitioner that his client has not received the show-cause notice, the petitioner is permitted to approach the Deputy Commissioner for supply of a copy of the show-cause notice and thereupon the Deputy Commissioner shall supply a copy, without any delay, to enable the petitioner to submit his explanation and participate in the enquiry. Subject to the above directions, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:02-7-2009 MNR