Dudekula Faizun vs. The State Of Andhra Pradesh
Held
The Court noted the submission by the Government Pleader for the respondents that the subject vehicle had already been released in compliance with the Court's order dated 08.08.2023. It was further stated that only 6-A proceedings were pending against the seized stock. In light of this submission, which indicated that the petitioner's grievance regarding the seizure of the vehicle had been redressed, the Court was of the opinion that no further orders were necessary in the present writ petition. Consequently, the writ petition was dismissed as infructuous. The Court made no specific findings on the legality of the seizure itself or the merits of the 6-A proceedings, as the matter was disposed of based on the vehicle's release.
Facts
The petitioner filed a writ petition seeking the release of a Tata Motors Goods Carriage (HMV) bearing registration No. AP 39 W 0405, which was seized by respondents 2-4. The seizure was based on the allegation that PDS Rice was being transported illegally in the vehicle, despite the petitioner producing E-way Bills and GST Bills. The petitioner contended that the seizure was arbitrary, illegal, and a colorable exercise of power, violating their fundamental rights under Articles 14, 19, and 21 of the Constitution. The respondents, through the Government Pleader, submitted that the vehicle had already been released in compliance with previous court orders dated 08.08.2023, and only 6-A proceedings against the seized stock were pending.
Key Issues
1. Whether the seizure of the Tata Motors Goods Carriage (HMV) bearing registration No. AP 39 W 0405 was arbitrary, illegal, and violative of the petitioner's fundamental rights under Articles 14, 19, and 21 of the Constitution, given the production of E-way Bills and GST Bills for the transportation of PDS Rice? Petitioner's contention: The seizure was illegal and arbitrary as the petitioner had complied with all necessary documentation, including E-way Bills and GST Bills, for the transportation of goods. The action of the respondents was therefore a violation of their fundamental rights. Revenue/State's contention: The Government Pleader submitted that the subject vehicle had already been released in compliance with this Court's order dated 08.08.2023. The 6-A proceedings were pending only against the seized stock, implying that the primary grievance regarding the vehicle's seizure was already addressed.
Sections Cited
Section 6-A
AI-generated summary — verify with the full judgment below
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.19058 of 2023 ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “…to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 to 4 in seizing the Tata Motors Goods Carriage HMV bearing registration No.AP 39 W 0405 stating that the PDS Rice was transported in the same illegally, eventhough the supplied had produced E-way Bills and GST Bill as arbitrary, illegal and colorable exercise of power apart from being violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to release Tata Motors Goods Carriage HMV bearing registration No.AP 39 W 0405 in the petitioners favor and pass …”.
Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies for the respondents.
Learned Government Pleader for the respondents submits that in view of the orders passed by this Court on 08.08.2023 the subject vehicle ha
The judgment continues below.
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