IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21074 of 2008 Between: Poleboina Veera Babu S/o.Venkaiah R/o.Pindiprolu village Triumalayapalem Mandal, Khammam District ..... PETITIONER AND 1 The Deptuy Commissioner,Prohibition and Excise Warangal 2 The Prohibition & ExciseInspector, Nelakondapally Station, Khammam 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 an order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondents in seizing the auto bearing No.AP-20X-0097 is highly arbitrary, bad and illegal, and consequently direct the respondents to release the auto bearing No.AP-20X-0097 seized by the second respondent on 10.9.2008 inCOR.No.604/.2008-09 of Prohibition and Excise station,Nelakondapally ,Khammam District in favour of the petitiner and pass Counsel for the Petitioner:MR.P.PRABHAKAR REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This writ petition is filed with the following prayer: “to issue an order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondents in seizing the auto bearing No.AP-20X-0097 is highly arbitrary, bad and illegal, and consequently direct the respondents to release the auto bearing No.AP-20X-0097 seized by the second respondent on 10.9.2008 in COR.No.604/.2008-09 of Prohibition and Excise station, Nelakondapally ,Khammam District in favour of the petitioner.” Having heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise and having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondents to release the vehicle in favour of the petitioner subject to the condition that the petitioner furnishes bank guarantee to the value of the said vehicle as assessed by the Motor Vehicles Inspector. However, such release shall be subject to further orders that may be passed by the ﬁrst respondent in the proceedings initiated pursuant to the seizure dated 10-09-2008. No costs. ___________ G.ROHINI, J 25th September, 2008 SKM