IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 9441 of 2004 BETWEEN: Kanchakuri Ashok, S/o. Laxmaiah, Proprietor of Laxminarasimha Kirana Merchant, Devarkonda, Besides, Bus Stand, Nalgodna District. ... PETITIONER AND 1 The Sub Inspector of Police P.S. Chinthapally, Nalgonda District. 2 The Dy. Commissioner Prohibition and Excise, Mahaboobnagar, Mahaboobnagar District. ..RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the 1t respondent in seizing 70 bags of Jaggery together with van bearing No. AP 28/U 3769 under Crime No.98/2003 on the file of P.S Chithapally, Nalgonda District as illegal, arbitrary and without Jurisdiction, consequently direct the respondents to release 70bags of Jaggery each 40 kg in favour of the petitioner and pass such other order or orders. Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: Heard the learned counsel for the petitioner as well as the learned Government Pleader. 2. During the course of the arguments the learned counsel for the petitioner made a request to permit him to withdraw the writ petition with a liberty to face the confiscation proceedings before the Deputy Commissioner of Prohibition and Excise as well as the criminal proceeding in C.C.No.107 of 2004 on the file of the Judicial First Class Magistrate, Devarakonda, Nalgonda. 3. Permission is accorded. The writ petition is accordingly dismissed as withdrawn with a liberty to the Department as well as to the petitioner to seek appropriate remedies before the Deputy Commissioner of Prohibition & Excise either for confiscation or for the release of the Jaggery, as the case may be. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 30, 2008 DSK