IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10592 of 2005 Between: M.Venugopal, S/o.Prabhakar R/o.Bheemaram Village, Jaipur Mandal, Adilabad Dist. ..... PETITIONER AND 1 The Commissioner of Prohibition & Excise, Andhra Pradesh, Hyderabad. 2 The Deputy Commissioner, prohibition & Excise, Karimangar Division, Karimnagar Dist. 3 The Prohibition and Excise, Inspector, Station, Mancherial, Adilabad District. .....RESPONDENT(S) 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 a writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the first respondent in not release the vehicle Auto Trolley bearing No.AP 1U 3034 for interim custody in favour of the petitioner, as being arbitrary, illegal and unconstitutional and issue a consequential order directing the 1st respondent to release the vehicle for interim custody in favour of the petitioner pending disposal of appeal before the 1st respondent and pass such other order or orders as this Hon'ble court deems fit and proper. Counsel for the Petitioner:MR.D.BHASKAR REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: In view of the interim orders passed by this court on 29.4.2005, directing the respondents to release the Auto of the petitioner on condition of depositing the amount with the respondents, as assessed by the M.V. Inspector and with a further condition that the petitioner shall not alienate or change the nature and produce the same as and when required, no further orders need be passed since any release of the Vehicle will be subject to the outcome of the confiscation proceedings pending before the 2nd respondent-the Deputy Commissioner, Prohibition and Excise, Karimnagar, in Cr.No.547/2001/P&Ex/A4 dated 18.7.2005. With the above directions, the writ petition is disposed of. No order as to costs. -------------------------- V. ESWARAIAH, J DATE: 28.3.2008 CVM