HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1095 of 2008 Dated 25th January, 2008 Between Mir Kauser Ali …Petitioner and The Prohibition & Excise Department, Rep. By its Commissioner, MJ road, Hyderabad, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1095 of 2008 ORDER: This Writ Petition is filed seeking Writ of Mandamus to declare the action of the respondents in not compounding the offence in pursuance of G.O.Ms.No.1084, dated 21-12-2004 as illegal and arbitrary and consequently to direct the respondents to release the petitioner’s vehicle bearing Registration No.AP.22W.1588 by compounding the offence. The petitioner claims to be the owner of the vehicle, Zeep bearing registration No.AP.22W.1588. It is stated that he employed a driver to ply the vehicle and when the said vehicle was being plied on 19-9-2007, a passenger carried 105 I.D. liquor sachets and on the said ground, the third respondent-police seized the vehicle. It is further stated that pursuant to the said seizure, proceedings for confiscation are initiated and no final orders are passed yet. In the meanwhile, on 19-12-2007, the petitioner filed a representation before the Deputy Commissioner, Prohibition & Excise, second respondent herein to compound the offence and release the vehicle. It is the case of the petitioner that in view of the Andhra Pradesh (Compounding Offences) Rules, 2000, framed in G.O.Ms.No. 496, dated 25-7-2000, under Section 33 of the AP Prohibition Act, 1995, and, also in view of the amendments effected to the said Rules in G.O.Ms.No.1084, dated 21-12-2004, he is entitle to seek compounding of offence, having regard to the quantity of liquor seized. It is the grievance of the petitioner that in spite of such representation, no orders have been passed by the respondents by compounding the offence. Whether the petitioner is entitle to compounding of offence or not is a matter which is required to be considered and appropriate orders are to be passed by the Deputy Commissioner of Prohibition & Excise, second respondent herein, who is empowered under the Rules framed in G.O.Ms.No. 496, dated25-7-2000. In that view of the matter, I dispose of the Writ Petition directing the second respondent to consider the representation of the petitioner dated 19-12-2007, in accordance with the A.P. (Compounding of Offences) Rules, 2000 and amendments effected to the said Rules in G.O.Ms.No. 1084, dated 21- 12-2004, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 25-1-2008 Note: CC in two days. (BO) Msnr.