L V V Satyavathi vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2985 AP

                        THE HON'BLE SRI JUSTICE A.V.SESHA SAI

                               WRIT PETITION No.15439 OF 2021

        ORDER:

Heard Smt.P.Vijayalakshmi, learned counsel for the

petitioners, and the learned Government Pleaders for Mines and

Geology and Revenue appearing for the respondents, apart from

perusing the entire material available on record.

When the matter is taken up, it is brought to the notice

of this Court by the learned counsel for the petitioners that, in

similar circumstances, a Division Bench of this Court disposed

of W.A.No.4 of 2021, by way of an order, dated 17.02.2021. A

copy of the said order is placed on record.

The Division Bench of this Court, while referring to the

judgment of the Hon'ble Apex Court in the case of

SURENDERBHAI AMBALAL DESAI v. STATE OF GUJARAT1,

at paragraph No.11, held as under:

"Keeping in view the guidelines laid down by the Apex Court in the judgment referred to above and having regard to the statement made by the learned Government Pleader that there is every possibility of the vehicle being used again for transporting mineral illegally, we feel it appropriate to grant interim custody of the vehicle, pending adjudication of the proceedings before the concerned authority/court, on the following terms and conditions :

(i) The person, in whose custody the vehicle is, shall get the value of the vehicle assessed by the Motor Vehicle Inspector concerned in the presence of the owner of the vehicle/appellant/petitioner and on fixing of the value of the vehicle by the Motor Vehicle Inspector, the appellant/petitioner shall

(2002) 10 SCC 283

furnish either bank guarantee or immovable property security to the value of the vehicle as assessed by the Motor Vehicle Inspector and also execute a personal bond to the satisfaction of the authority concerned;

(ii) The interim custody of the vehicle shall be given in favour of the appellant/petitioner, subject to producing proof in support of the ownership of the vehicle;

(iii) The appellant/petitioner shall give an undertaking to produce the vehicle as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle"

Following the said order and for the reasons recorded

therein, this Writ Petition is also disposed of in terms thereof.

There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, in the Writ Petition, shall stand closed.

Office to enclose a copy of the order in W.A.No.4 of 2021 to

this order.

__________________ A.V.SESHA SAI, J

10th August, 2021.

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