THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.7934 OF 2010 Dated 9th April, 2010 Between: R.Sandeep Reddy and two others …Petitioners And The Superintendent of Police and two others …Respondents Counsel for the petitioners: Sri Nageswar Rao Palle Counsel for Respondents 1 and 2: AGP for Home The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in seizing and detaining the vehicles bearing registration Nos.AP-28-TA-1215, AP-29-U-4808 and AP-29-TA-7878 of the petitioners by respondent No.2 as illegal and arbitrary. I have heard Sri P.Nageswar Rao, learned counsel for the petitioners, and learned Assistant Government Pleader for Home appearing for respondents 1 and 2. On the ground that the lorries owned by the petitioners are used by their respective drivers for committing theft of sand and transporting the same to Hyderabad for sale, all the three lorries referred to above were seized and Crime No.24 of 2010 was registered by respondent No.2 on 01.04.2010. In the present writ petition, the petitioners sought for relief of the declaration that seizure is illegal. They also sought for release of the seized vehicles. In my opinion, the petitioners have not availed proper and appropriate remedy. Since respondent No.2 has registered a crime, he is presumed to have sent the list of properties regarding the seized properties to the jurisdictional Magistrate. The learned counsel for the petitioners submitted that according to the information of his clients, such list was not filed by respondent No.2 before the Magistrate concerned and the vehicles were not produced. However, no such plea has been raised in the affidavit. If respondent No.2 has not sent the list of properties and produced the lorries, he is directed to do the same forthwith. The petitioners are permitted to approach the jurisdictional Magistrate with appropriate application for release of the seized lorries. If such an application is filed, I am sure, the Magistrate concerned will dispose of the same at the earliest keeping in view the fact that the lorries are under detention from 1st April, 2010. Subject to the above, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP No.10199 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 9th April, 2010 vrn