IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE THIRTY FIRST DAY OF JULY, TWO THOUSAND NINE ONLY WRIT PETITION No.15187 of 2009 Between: Smt. Sk. Mahaboobee … Petitioner And The State of A.P., rep., by The Deputy Commissioner of Prohibition and Excise, Khammam District at Khammam. … Respondent Counsel for the petitioner : Sri S.Chalapathi Counsel for the respondents: AGP for Prohibition & Excise This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15187 of 2009 ORDER:- This writ petition is filed for a Mandamus to declare the action of the respondent in not releasing the Auto bearing registration No.AP 20 T/R AN 1484 to the petitioner, as illegal and arbitrary. The petitioner is the owner of the abovementioned Auto, which was seized on 18.06.2009 by the Station House Officer concerned for allegedly carrying I.D. liquor of 60 liters. The grievance of the petitioner is that though she filed an application before the respondent for release of the Auto, no order has been passed so far therein. The learned Assistant Government Pleader for Prohibition and Excise, on instructions, submitted that the petitioner’s application is kept pending, as valuation report from the Motor Vehicles Inspector is awaited. Inasmuch as continued detention of the seized Auto leads to deterioration in its condition, I find it appropriate to direct the respondent to release the Auto, pending confiscation proceedings under the provisions of the Andhra Pradesh Prohibition Act, 1995, subject to the petitioner furnishing immovable property security for the value of the seized Auto, as assessed by the Motor Vehicles Inspector. Within one week, the respondent shall intimate to the petitioner, on her approaching him, the value of the Auto and immediately on her furnishing immovable property security, the Auto shall be released. The release of the Auto shall be subject to the result of the confiscation proceedings. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.19946 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 31.07.2009 ES