IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 6330 of 2008 Between: M/s. Anil Kumar Trading Co. 15-8-119/3, Begum Bazar, Hyderabad- 500 012. rep by its Proprietor, Mr. Pawan Kumar. ..... PETITIONER AND 1 The Commercial Tax Officer, Malakpet Circle, Hyderabad. 2 The deputy Commercial Tax Officer, Maharajgunj Circle, Hyderabad. 3 M/s. New Maharashtra road Carriers, 15-7-279/4, Muslim Jung Pool, Hyderabad. .....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 issue a Writ of Mandamus or any other appropriate Writ or order or direction declaring the action of the 2nd respondent in detaining the goods, namely, 90 bags of black gram belonging to the petitioner which are under transit by Vehicle bearing No. MH 24A 3583 along with other goods belonging to other consignees vide detention notice dated 22-2-2008 as illegal, arbitrary, highhanded, without authority of law and jurisdiction and set a side the same in so far as it relaters to detention of the goods belonging to the petitioner, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.BHASKAR REDDY VEMIREDDY Counsel for the Respondent No: SRI K.RAJI REDDY, SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX. The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO AND THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.6330 of 2008 ORDER: (Per Hon’ble Sri Justice B.Prakash Rao) Heard Sri V. Bhaskar Reddy, learned Counsel for the petitioner and Sri K. Raji Reddy, learned Special Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents, and at their request, the main writ petition itself is taken up for disposal. The petitioner herein claims to be carrying 90 bags of black gram supported by valid documents, however, since the vehicle was carrying some other goods which are not supported by any documents, the very entire vehicle was seized along with the goods belonging to the petitioner as well and in spite of approaching the 2nd respondent, neither his application is being received nor his claim for those goods is considered. Hence, the writ petition. Having heard the learned Counsel and on perusing the material, we are of the view that since the petitioner claims to be owner of some other goods of which there is sufficient support by way of documents, it would be suffice to permit the writ petitioner to file an application claiming the said goods, supported by valid material and on receipt of said application, the same shall be disposed of within a period of three days from the receipt of the same, on merits and in accordance with law. Subject to the above, the writ petition is disposed of. There shall be no order as to costs. __________________ B.PRAKASH RAO, J. __________________ C.Y.SOMAYAJULU, J. Date:26.03.2008. GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CCs to 2. 2CD copies Form-NIC-OGS/WP{TRT}