Andhra Pradesh High Court - Amravati
Kilari Srinivasa Rao vs The State Of Andhra Pradesh on 9 February, 2023
THE HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 3151 OF 2023
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 more particularly one in the nature
of WRIT OF MANDAMUS declaring the action of the respondents more
particularly the 3rd respondent in issuing demand Notice No. 544/Court
Case/DVS/GNT/2022, dated 31.01.2023 in connection with seizure of
petitioner vehicle bearing registration No. AP27UB3879 contrary to the
judgments of this Honourable court in WP.No. 8390/2018 and batch,
dated 30.09.2022 despite the petitioner possessing all the valid
permits bills and license to carry out the granite transportation as being
illegal arbitrary colourable exercise of power without jurisdiction
without application of mind dereliction of duty violation of principle
of natural justice and violation of Art 14, 19(1)(g), 21 and 300-A of the
Constitution of India and consequently direct the respondents forthwith
release the petitioners vehicle/Lorry Granite Slabs Lorry bearing
registration No. AP27UB3879 along with load by setting side the demand
Notice No. 544/Court Case/DVS/GNT/2022, dated 31.01.2023 and
pass...."
Questioning the action of the 3rd respondent in issuing the
demand notice No. 544/Court Case/DVS-GVT/2022, dated
31.01.2023 in connection with seizure of petitioner's vehicle
bearing registration No. AP27UB3879 as arbitrary and illegal, the
petitioner filed the present Writ Petition.
2. Heard the learned counsel for the petitioner as well as the
learned Assistant Government Pleader.
3. It is the contention of the petitioner is that there is a valid
transmit permit and after obtaining the said transmit permit only,
the petitioner carryout the granite transportation in the above said
vehicle.
4. In support of his contention, the petitioner also filed copies
of transmit permits issued by the concerned authorities along with
present Writ Petition.
5. In that view of the matter, the present Writ Petition is
disposed of directing the 3rd respondent to verify the transmit
permission submitted by the petitioner and take action accordingly
within a period of three days from the date of receipt of a copy of
this order. If the transmit permits are there for transporting of
Granite Slabs, 3rd respondent is directed to release Granite Slabs
and also the vehicle in favour of the petitioner forthwith.
Accordingly, with the above said direction the Writ Petition is
disposed of. No costs.
As a sequel, miscellaneous applications pending, if any,
shall also stand closed.
___________________________
SRI K.SURESH REDDY, J
Date: 09.02.2023
Note: Issue C.C. by tomorrow.
RSI
THE HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 3151 of 2023
Date: 09.02.2023.
Note: Issue C.C. by tomorrow.
RSI
