IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 18145 of 2009 Between: L.Ramgopal . .Petitioner And The Government of Andhra Pradesh, rep.by The Deputy Commissioner (Proh. & Excise), Khammam. .. Respondent THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.18145 OF 2009 ORDER: The petitioner filed this Writ Petition under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the impugned action of the respondent in not releasing the Auto bearing No.AP 20 X 9034 of Bajaj RE (Diesel) which was seized in connection with Crime No.77/2009-10, on 08.05.2009 and consequently direct the respondent to release the said auto forthwith to the petitioner. 2) Brief facts are that the Inspector, Prohibition & Excise, Yellandu, seized 40 ltrs of ID liquor and also Bajaj auto bearing No.AP 20 X 9034 on the ground that the said transportation is illegal and he also registered a case in Crime No.77/2009-10 on 08.05.2009. Thereafter, a notice as provided for under Section 13(a) of A.P. Prohibition Act, 1995 was issued to the petitioner on 06.06.2009. Questioning the said seizure, the petitioner approached this Court and filed the present writ petition. 3) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4) Having regard to the facts and circumstances of the case, the alleged seizure is dated 08.05.2009 and show cause notice was issued to the petitioner on 06.06.2009. It is not known as to what happened in the meanwhile. If the confiscation orders are not yet passed, the petitioner may approach the Deputy Commissioner of Prohibition and Excise at Khammam and file an application within a period of one week requesting him for interim custody of the said auto and in my considered view, the Deputy Commissioner will exercise his discretion and pass necessary orders. 5) In view of the above, the petitioner is hereby directed to file an application, within a period of one week, with regard to the interim custody of the auto bearing No.AP 20 X 9034 before the Deputy Commissioner, Prohibition & Excise, Khammam and on filing of the same, the Deputy Commissioner of Prohibition & Excise, Khammam is hereby directed to dispose of the said application at the earliest preferably within a period of two weeks. 6) With the above directions, this writ petition is disposed of at the stage of admission. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) August 28, 2009 Note: Issue C.C. by three days. (B/O) KSH