IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.3793 of 1999 Between: Yelankaru Ramanna S/o Narappa R/o Peddaiahgarialli, Proddatur taluk Cuddapah district. ..... PETITIONER AND Deputy Commissioner of Prohibition & Excise Kurnool .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ of mandamus or any other appropriate writ or direction declaring the order of the respondent in so far directing the petitioner to furnish bank guarantee for the full value of the vehicle for its release pending enquiry as illegal, arbitrary and contrary to the judgment of this court and consequently direct the respondent to release the vehicle on furnishing 10% bank guarantee of the value of the vehicle. Counsel for the Petitioner:MR.A.VIJAYA BHASKKAR REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.3793 of 1999 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) It is the case of the petitioner that he is the owner of the Commander Jeep bearing No.AP-04-9786, which was involved in Cr.No.11/97-98 of Prohibition and Excise Station, Proddatur, Cuddapah District. During pendency of the confiscation proceedings before the Deputy Commissioner of Prohibition and Excise- respondent, the petitioner filed an application for grant of interim custody of the said vehicle and the respondent vide notice in Rc.No.B2/2521/97, dated 17-09-1998 directed the petitioner to furnish bank guarantee for Rs.1,20,000/- in favour of the respondent for interim release of the said vehicle. Questioning the said notice, this writ petition is filed. This court, while admitting the writ petition, granted interim direction for release of the vehicle on condition of the petitioner furnishing bank guarantee for Rs.25,000/- with an undertaking in writing that the vehicle shall not be sold, transferred or encumbered otherwise and shall be produced before the authorities as and when called for. As the confiscation proceedings are still pending before the respondent, we are of the opinion that it is just and proper to direct the respondent to finalise the confiscation proceedings, if not already finalized. Accordingly, the writ petition is disposed of directing the respondent to finalise the confiscation proceedings, if not already finalized. Pending disposal of the confiscation proceedings, the interim order granted by this court on 23-03-1999 shall continue. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-06-2009 Prv