Andhra Pradesh High Court - Amravati
Shaik Mohammad vs The State Of Andhra Pradesh on 16 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) on Ne FRIDAY, THE SIXTEENTH DAY OF OCTOBER flor F . TWO THOUSAND AND TWENTY Ck :PRESENT: Me NE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA SO, WRIT PETITION NO: 18225 OF 2020 Between: Shaik Mohammad, S/o Shaik Moujan. ... Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Civil supply Department, Secreteriat, Velagapudi, Amaravathi, Guntur District. The Joint Collector, Kurnool, Kurnool District. (Civil supply). The Tahsildar, Atmakur Mandal, Kurnool District. The State Station House Office, Atmakur P.S Kurnool District. BON ... Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent seized the vehicle Mini Van bearing No. AP 26 TT 7769 with 20 rice bags ( each bag weight 45 kgs) through Panchayathnama dated 31-05-2020 at Kotharamapuramu Cross Road, Atmakur to Nandyal Road, Kurnool District is wholly illegal, arbitrary, against law and consequentially direct the respondents to set aside the above said Panchayathnama dated 31-05-2020. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased please to direct the respondents to release seized vehicle Mini Van bearing No. AP 26 TT 7769 with 20 rice bags ( each bag weight 45 kgs) through Panchayathnama dated; 31-05-2020 at Kotharamapuramu Cross Road, Atmakur to Nandyal Road, Kurnool District, pending disposal of WP 18225 of 2020, on the file of the High Court. The petition A@péal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ineni Venkata Prasad Advocate for the Petitioner, and of GP for Civil Supplies for the Respondent Nos.1 and 2, GP for Revenue for Respondent No.3 and GP for Home for Respondent No.4 and the Court made the following. ORDER:
"Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. Considering the submissions of learned counsels of both parties, the respondents are directed to release the seized stocks and vehicle, subject to furnishing immovable property security for the value of the seized stock and personal bond and a third party surety in respect of the vehicle. The petitioners shall also give proof of ownership of the vehicle and an undertaking that they will not alienate the vehicle or alter its nature or create any encumbrances over the same, pending disposal of the writ petition. List after four (4) weeks." 'Sd/- K. JAGANMOHAN DEPUTY, REGISTR.
IITTRUE COPY// - SECTION GFFECER, To
1. The Principal Secretary, Civil supply Department, Secreteriat, Velagapudi, Amaravathi, State of Andhra Pradesh,Guntur District. The Joint Collector, Kurnool, Kurnool District. (Civil supply). The Tahsildar, Atmakur Mandal, Kurnool District. The State Station House Office, Atmakur P.S Kurnool District.(Addresses for 1to 4 by RPAD) One CC to Sri Ineni Venkata Prasad Advocate [OPUC] Two CCs to GP for Civil Supplies ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Home ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Revenue,High Court Of Andhra Pradesh. [OUT] One spare copy nh ew OONDO # HIGH COURT NJSJ DATED:16/10/2020 LIST AFTER FOUR (4) WEEKS.
ORDER WP.No.18225 of 2020 DIRECTION