IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.7856 of 2009 Between: L. Santosh S/o. Maruthi Rao r/o. H.No. 4-8-50/12, Putli Bowli, Hyderabad. ..... PETITIONER AND 1 The Returning Officer (RDO) 007, Adilabad Assembly Constituency, Adilabad. 2 Model Code Officer (Enforcement Officer) 007, Adilabad Assembly Constituency, Adilabad. 3 Sub Inspector of Police I Town Police Station, Adilabad. .....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 may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd Respondent in seizing the vehicle bearing No. AP-09-TA-1541 as arbitrary, contrary to law and without jurisdiction and consequently direct the 2nd & 3rd respondents to release the vehicle bearing No. AP-09-TA-1541. Counsel for the Petitioner:MR.P.KAMLAKAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.7856 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) It is the case of the petitioner that he is the proprietor of Sairam Travel Agency and the owner of the vehicle bearing No.AP-09-TA-1541. He claims to be running the said vehicle as a contract carriage vehicle under a valid permit by paying necessary taxes to the Government. While so, the said vehicle was sent to the workshop on 30-03-2009 and after repair, the said vehicle was returned on 31-03-2009. The driver parked the said vehicle near Indira Priyadarshini Stadium for having a cup of coffee. At that time, the 2nd respondent seized the said vehicle under the cover of a panchanama on the ground that a Congress Party flag was tied in front of the vehicle without permission of the Returning Officer, 007 Adilabad Assembly Constituency and that it violates the Election Code and handed over the said vehicle to the Sub-Inspector of Police, I Town Police Station, Adilabad. Though the petitioner made representation dated 07-04-2009 to the 2nd respondent for release of the said vehicle, the 2nd respondent has not passed any orders on the said representation. It is the grievance of the petitioner that he has not committed any offence under the provisions of Chapter IX-A of IPC and no crime has been registered against him pursuant to the seizure of the vehicle on 31-03- 2009 and that the vehicle was not produced before any criminal court. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing respondents 2 and 3 to release the vehicle bearing No.AP-09-TA-1541 of the petitioner, if no crime is registered involving the said vehicle. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 21-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}