IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 25936 of 2008 Between: M/s.Sri Balaji Traders Shop No.22 W.No.6 APMC Yard Shop No.22 W.No.6 APMC yard Bellary Karnataka State Rep.by its Goods in Charge Sri B.Obul Reddy ..... PETITIONER AND The Deputy Commercial Tax Officer-I o/o Commercial Tax Officer behind Mamatha Kalyam Mandapam Madanapalle Chittoor District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ order or direction more particularly one in the nature of Mandamus declaring the action of the respondent in detaining the goods of the petitioner namely 270 bags of Bengal Gram along with the Lorry bearing No.AP 04 W 5599 as illegal without jurisdiction high handed and consequently direct the respondents to release the same forthwith and pass Counsel for the Petitioner:MR.G.NARENDRA CHETTY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE SRI JUSTICE G.RAGHURAM AND THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.25936 OF 2008 ORDER: (Per Hon’ble Sri Justice Goda Raghuram) This writ petition is directed against the grievance of the respondent in detaining 270 bags of Bengal Gram along with lorry bearing Registration No.AP-04W-5599 pursuant to an endorsement bearing GC No.274/2008-09 dated 24.11.2008 wherein the respondent states that the goods and the lorry had been detained under suspicious circumstances. On oral enquiry by the respondent from the Market Committee Check Post at Peddur, Mahaboobnagar District, it was learnt that the seal on the documents furnished by the petitioner accompanying the goods in the lorry do not belong to the Market Committee Check Post, Peddur. The respondent therefore called upon the petitioner to produce the original of the triplicate copy of delivery note with regard to the goods so as to satisfy itself as to the movement of the goods which are claimed to be interstate movement pursuant to an interstate sale. The petitioner has submitted an explanation dated 22.11.2008 pursuant to an earlier notice dated 21.11.2008 recorded while detaining the lorry and the goods. In the circumstances and after hearing the learned counsel for the petitioner and learned Government Pleader for Commercial Tax Department, the writ petition is disposed of at the stage of admission directing the respondent to expeditiously, in any event within a period of three days from the date of receipt of a copy of this order, pass final orders duly considering the explanation of the petitioner and any further material/documents which the petitioner may desire to produce to the respondent. No costs. _________________ G.RAGHURAM, J. _________________________ P.V.SANJAY KUMAR, J. 27th November, 2008. Note: Issue C.C. tomorrow. B/O PGS/VGSR THE HON’BLE SRI JUSTICE G.RAGHURAM AND THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.25936 OF 2008 27.11.2008