Andhra Pradesh High Court - Amravati
M.K.Nagappa vs The State Of Andhra Pradesh on 10 December, 2020
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
Writ Petition No.23392 of 2020
Order:
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the following relief:-
"... to issue a writ, order or direction more
particularly a Writ of Mandamus declaring
the impugned orders of the 3rd respondent in
Rc.No.989/SEB-ATP/2020, dated 21.11.2020 in imposing onerous condition of Fixed Deposit for Rs.5,48,900/- to release the petitioner's Swift Dezire Car bearing registration No.AP 39 G 4445 as illegal, arbitrary, violative of Articles 14, 19(1)(g) and 21 of the Constitution of India...."
2. Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.
3. Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by an order, dated 27.08.2020, of this Court in W.P.No.15045 of 2020, but the learned Government Pleader opposed the same contending that the vehicle is liable for confiscation.
4. Having regard to the fact that the prayer of the petitioner is only for modification of the condition imposed in the order impugned i.e., furnishing of fixed deposit of Rs.5,48,900/-, the argument of the learned Government Pleader that the value of the vehicle has to be assessed by the Motor Vehicle Inspector may not be necessary. Therefore, in view of the order, dated 27.08.2020, passed in W.P.No.15045 2 of 2020, the present Writ Petition is disposed of directing respondent No.3 i.e., the Superintendent of Police-cum- Confiscation Authority, Ananthapuramu District to release the vehicle bearing registration No.AP 39 G 4445 on furnishing immovable security for the value referred to above and by executing a personal bond in favour of respondent No.3 strictly adhering to the Stamps and Registration laws. Further, the immovable property, which is given as security, shall preferably either belong to the petitioner or any of his immediate family members. It is needless to mention that before accepting the same, the authorities shall verify the authenticity of the documents. Apart from that, the petitioner herein shall not alienate, alter or change the nature of the vehicle or create any charge on the same. He shall produce the same as and when required. In default, the respondent authorities are directed to proceed further in accordance with law. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________ D.V.S.S.SOMAYAJULU,J Date : 10.12.2020 VSL 3 THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU Writ Petition No.23392 of 2020 Dated :10.12.2020 VSL