IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE R.SUBHASH REDDY Writ Appeal No. 722 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 15/04/2008 in Writ Petition No. 7136 of 2008 on the file of the High Court.) Between: V. Rama Krishna, S/o. Venkateswara Rao, Velagapudi Village, Thullur Mandal, Guntur District. ... APPELLANT AND 1) The Superintendent of Police, Guntur District, Guntur. 2) Mr. V. Venkateswara Rao, S/o. Not Known, The Sub Inspector of Police, Thullur, Guntur District. 3) Mr. L. Laxman Babu, The Assistant Director, Department of Mining Pandaripuram, Guntur, Guntur District. ...RESPONDENTS Counsel for the Appellant: MR.J.U.M.V.PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following: Judgment: (Per Shri Anil R. Dave, Chief Justice) 1. The appellant – original petitioner ﬁled a petition alleging that his tractor had been illegally detained. 2. A counter-aﬃdavit was ﬁled before the learned Single Judge and ultimately it was found that the tractor had been released upon payment of penalty etc. and the petition was rejected. 3. Being aggrieved by the order passed by the learned Single Judge, this appeal has been filed. 4. Learned advocate appearing for the appellant has mainly submitted that the tractor had, in fact, been illegally detained and no amount was paid by the appellant, but a show has been made to the eﬀect that penalty was paid. He has, therefore, prayed that appropriate action should be taken against the concerned oﬃcers and damages should be awarded to the appellant. 5. In our opinion, disputed questions of fact are involved in the litigation for the reason that there is a counter-aﬃdavit stating that the appellant was involved in several oﬀences and as he was transporting sand illegally and, therefore, a case was registered against the appellant and his tractor had been detained. 6. It would be diﬃcult for this Court to come to a speciﬁc conclusion because so as to substantiate the allegations, the appellant will have to adduce evidence. Damages can be awarded only by a Civil Court if the allegations leveled in this petition as well as in the Memo of Appeal are ultimately found to be correct. 7. We do not see any substance in the appeal and the appeal is dismissed with no order as to costs. ANIL R. DAVE, CJ August 04, 2008 R. SUBHASH REDDY, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {SPJS}