Bathula Rama Satyam, vs State Of Andhra Pradesh
2021 Latest Caselaw 360 AP

             HON'BLE SRI JUSTICE D. RAMESH

               WRIT PETITION No.1155 of 2021
ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India for the following relief/s:

"...to issue an Order, Writ or direction more particularly in

the nature of Writ of Mandamus declaring the action of the

2nd respondent in passing order vide

Cr.No.380/2020/SEB/C3, dated 07.10.2020 in rejecting

the appeal by the petitioner against confiscation order

passed by the 3rd respondent vide E-file. 1771228/2019

dated 09.01.2020 in the petitioner's Maruthi Desire Car

bearing No.AP 05 XJTR 5178 on the sole ground that as

substantial delay has occurred in filing appeal within

limitation during Covid-19 Pandemic period is illegal,

arbitrary and violation of principles of natural justice and

violative of Articles 14, 19(1)(g) and 21 of the Constitution

of India and Section 46E of the A.P.Excise Act and

consequently set aside the proceedings of the 2nd

respondent in Cr.No.380/2020/SEB/C3, dated

07.10.2020 and pass such other order or orders..."

2. Heard learned counsel for the petitioner, learned

Government Pleader for Prohibition & Excise and learned

Government Pleader for Home appearing for the respondents.

3. The petitioner was the owner of Maruthi Desire Car

bearing temporary registration number AP 05 XJTR 5178.

The petitioner has purchased the said car by obtaining loan.

The son-in-law of the petitioner requested to give him the said

car for two (2) days as they intend to go to Annavaram temple.

So the petitioner was under an obligation to give the said car

to him. The accused persons were neighbours to the son-in-

law of the petitioner. They in turn requested the petitioner's

son-in-law to give them the car for the reason that, they have

to bring one of their family members to Vijayawada Hospital

for treatment. Believing their words, the son-in-law of the

petitioner gave the car to them with a bonafide intention. But

later he came to know that the accused person transported

illegal liquor. Thereby, the Excise police, Jangareddygudem

registered a case in Crime No.345/2019 and arrested the

accused and the car was seized. The Excise officials issued

notice to the petitioner after the seizure of the vehicle, but the

petitioner could not give any reply as he was bedridden due to

ill-health. The 3rd respondent passed confiscation order vide

E.file No. 1771228/2019 dated 09.01.2020 without going into

the merits of the case. It was pertinent to mention that the 3rd

respondent did not even pass a speaking order. However,

after passing the order, the petitioner received the said

confiscation order during lock down period. But, due to the

prevailing situations of lockdown from the month of March,

2020, the petitioner could not prefer an appeal against the

confiscation order in time. Later, the petitioner filed appeal

before the 2nd respondent with delay condonation petition and

interim custody petition. The 2nd respondent without

considering the appeal vide Cr.No.380/2020/SEB/C3, dated

07.10.2020 and stated that a substantial delay has occurred

in filing the appeal, rejected the appeal on 07.10.2020.

4. Learned counsel for the petitioner contended that

during the Covid-19 pandemic, all the Courts exempted the

delay in filing all petitions. The 2nd respondent completely

ignored that procedure and erroneously dismissed the appeal

on the sole ground of delay in filing appeal and failed to give a

reasoned order. Learned counsel for the petitioner further

stated that the petitioner was an aged person, he fell sick and

as such he could not respond to the order passed by the 3rd

respondent dated 09.01.2020. The said delay was neither

willful nor wanton except for the reason of ill-health. If the

said vehicle is not released, the petitioner would suffer severe

loss.

5. The learned counsel for the petitioner further relied on

the judgment of the Division Bench of this Court in support

of his case i.e., "In reference Corona Virus-Covid-19 Pandemic

V. State of Andhra Pradesh and others" reported in

W.P.No.8130 of 2020 dated 26.03.2020 and the judgment of

the Hon'ble Apex Court i.e., "National alliance for movements

V. State of Maharashtra (2020) 9 SCC 698" and requested this

Court to set aside the impugned order passed by the 2nd

respondent dated 07.10.2020 and remand the appeal to the

2nd respondent for fresh consideration.

6. Learned Government Pleaders conceded to the said

submissions.

7. Therefore, taking into consideration of the judgments

mentioned supra and also the prevailing Covid-19 pandemic

situation, this Court is inclined to dispose of this Writ Petition

at the stage of admission, without going into the merits of the

case.

8. Hence, in view of the facts and circumstances of the

case, the impugned order passed by the 2nd respondent vide

Cr.No.380/2020/SEB/C3, dated 07.10.2020 is set aside. The

2nd respondent is directed to consider and pass appropriate

orders on the appeal filed by the petitioner dated 07.10.2020,

on merits in accordance with law.

9. With the above direction, the Writ Petition is disposed

of. No costs.

Miscellaneous petitions pending if any, shall stand

closed.

____________________ JUSTICE D. RAMESH Dated: 25.01.2021 B/o.

EPS

HON'BLE SRI JUSTICE D. RAMESH

Writ Petition No.1155 of 2021

25.01.2021

EPS