Citation : 2022 Latest Caselaw 5644 AP
Judgement Date : 26 August, 2022
1
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
WRIT PETITION No.24786 of 2020
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"to issue a writ, order or direction or writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 4th respondent in registering Crime No.96/2020 of Rampachodavaram PS under section 34(a) of A.P.Excise Act, 1968 as amended by Act 17 of 2020 against the petitioners carrying three (3) permissible Liquor Bottles i.e., Signature 750 ML03 bottles as per Notification issued under section 14(1) of the Act in G.O.M.S.No.411, dated 24.09.2019 as illegal, arbitrary, abuse of process without jurisdiction and contrary to the recent Judgment/Order dated 01.09.2020 passed in W.P.No.14386 of 2020 by this Honble Court and violative of Articles 14 and 21 of Constitution of India as also contrary to section 34(a) of A.P.Excise Act, 1968 as amended by Act 17 of 2020 and consequently command the respondents to release the TATA Hexa car bearing vehicle No.CG 18 M 9999 forthwith in the interest of justice and in the circumstances of the case Pending the above writ petition it is therefore prayed that this Honble court may be pleased to direct the respondents to release the TATA Hexa car bearing vehicle No.CG 18 M 9999 seized in connection with Crime No.96 of 2020 dated 03.08.2020 of Rampachodavaram PS, East Godavari district forthwith in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case pass such other order or orders..."
2. Learned counsel for the petitioners and learned
Government Pleader for Prohibition and Excise appearing for the
respondents fairly conceded that the issue involved in the petition is
squarely covered by the order dated 01.09.2020 passed by this Court
in W.P.Nos.10289 and 14386 of 2020.
3. Since the dispute is covered by the order dated
01.09.2020 passed by this Court in W.P.Nos.10289 and 14386 of
2020, this Writ Petition is disposed of in terms of the said order. No
costs.
4. Registry is directed to annex a copy of order dated
01.09.2020 in W.P.Nos.10289 and 14386 of 2020 to this order.
Consequently, miscellaneous applications, pending if any,
shall stand closed.
_________________________________ JUSTICE K. SREENIVASA REDDY Date:26-08-2022 KLPD
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
WRIT PETITION No.24786 of 2020
Date:26.08.2022
KLPD
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