IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.30072 OF 2010 DATED:01.12.2010 Between: Gopagani Janaiah and another … Petitioners And The Commissioner of Prohibition & Excise Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.30072 OF 2010 ORDER: This writ petition is filed for a Mandamus to set aside the impugned order dt.22.6.2010 passed by the second respondent in Cr. No.A/989/2010 and to direct the respondents to release the petitioners’ vehicles – Hero Honda Passion Plus bearing No.AP 24S 2769 and Tractor with Trolly bearing No.AP 24 AKTR 8256. It appears, the above said vehicles of the petitioners were involved in an excise crime and as such at the conclusion of the proceedings, the Deputy Commissioner of Excise confiscated the vehicles to the State. According to the petitioners, aggrieved by the said order of confiscation, the petitioners have already filed an appeal before the Commissioner, the first respondent herein, and the same is pending. In the meanwhile, the petitioners apprehend conducting of auction of the said vehicles. Hence, this writ petition. Admittedly, at appears, the stay petition filed by the petitioners along with the appeal, before the first respondent, is not disposed of. Under those circumstances, the Writ Petition is disposed of directing the first respondent to release the above said vehicles of the petitioners on their depositing Rs.10,000/- against the Hero Honda bike and Rs.20,000/- against the Tractor Trolly. The petitioners shall also furnish an undertaking that they will not create any third party interest or alter the nature of the vehicles and shall produce the same as and when required in the criminal case. With the above observations and directions, the Writ Petition is disposed of. No costs. _______________________ (C.V. RAMULU, J) 01.12.2010 bnr