Andhra Pradesh High Court - Amravati
Aitha Krishna vs State Of Andhra Pradesh, on 9 March, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.5416 of 2021
ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. With their consent, the Writ Petition is being disposed of at the admission stage.
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of respondent No.5, in seizing lorry bearing Nos.AP 29TA 3816 and AP 16 TY 1688 in connection with Crime No.58 of 2021 of Chatrai Police Station, Krishna District, as illegal and arbitrary.
The case of the petitioner is that, respondent No.5, based on the mediators report dated 22.02.2021, registered Crime No.58 of 2021 of Chatrai Police Station, Krishna District, for the offences punishable under Section 420 IPC and Sections 7 and 8 of the Essential Commodities Act and seized the subject vehicles on the allegation that PDS rice was being transported. Petitioner, therefore, filed this Writ Petition seeking interim custody of the subject vehicles.
Learned Government Pleader for Civil Supplies submits that, if the petitioner files application before respondent No.2 seeking release of the subject vehicles, the same would be disposed of in accordance with law.
In the circumstances, the Writ Petition is disposed of giving liberty to the petitioner to file an application before respondent No.2 seeking interim custody of the subject vehicles and, on such application being made, respondent 2 No.2 is directed to dispose of the same within a period of two weeks from the date of receipt of a copy of this order, strictly, in accordance with law. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J Date:09.03.2021 usd