THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24263 of 2009 DATED: 10.11.2009 Between: Bopida Sanjay. .. Petitioner. And The Commissioner, Prohibition & Excise, Nampally, Hyderabad, And another. .. Respondents. ORDER: The petitioner claims to be the owner of the vehicle (Auto Trolley) bearing No.AP 25 V 7079. At the time of vehicle checking conducted on 23.03.2009 by the Prohibition & Excise officials of Saloora, the vehicle of the petitioner was intercepted and 5 bottles of Deshi Daru each 750 ml. were found along with three bags of Bajra seeds in the said vehicle, and, as such, the vehicle was seized and registered a case in Crime No.907/2008-09 for the offences under Sections 7A r/w.8(e) of the A.P. Prohibition & Excise Act, 1995. The petitioner contends that pursuant to his application, the 2nd respondent released the vehicle towards interim custody, on his furnishing bank guarantee. Thereafter, the 2nd respondent, after holding an enquiry, passed an order on 22.08.2009 confiscating the vehicle in favour of the Government. The grievance of the petitioner is that against the order of confiscation passed by the 2nd respondent, he preferred an appeal before the 1st respondent, namely, the Commissioner of Prohibition & Excise, Nampally, along with an application seeking suspension of the order impugned in the appeal, but so far no orders are passed either on the stay application or in the appeal. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition & Excise appearing for the respondents. Since the appeal filed by the petitioner before the 1st respondent namely, the Commissioner of Prohibition & Excise, Nampally, against the order dated 22.08.2009 of the 2nd respondent, is pending, I deem it appropriate to direct the 1st respondent to dispose of the said appeal, as per law, at the earliest, preferably within a period of three months from the date of receipt of a copy of this order. Till such disposal, the order dated 22.08.2009 passed by the 2nd respondent shall not be given effect to. The writ petition is, accordingly, disposed of. No order as to costs. _________________________ GOPALA KRISHNA TAMADA,J 10.11.2009 Note: Issue CC in two days B/o v v