Valluri Venkateswara Rao vs. The State Of Andhra Pradesh

Held

The Court noted that the respondents had filed a counter affidavit confirming the sale of the vehicle through public auction for Rs. 4,02,000/- plus GST of Rs. 72,360/-. In light of this statement and the auction proceedings produced, the petitioner's counsel sought to withdraw the writ petition. The Court acknowledged the petitioner's request for liberty to challenge the auction proceedings. Consequently, the Court dismissed the writ petition as withdrawn, granting the petitioner the liberty to pursue a separate challenge to the auction proceedings. No costs were awarded.

Facts

The petitioner filed a writ petition challenging an order that confirmed the confiscation of their vehicle, bearing registration number AP 05 TX 7567. The respondents, in their counter affidavit, stated that the vehicle had already been sold through a public auction. The sale proceeds amounted to Rs. 4,02,000/- plus GST of Rs. 72,360/-, calculated at a rate of 18%. Following this disclosure and the production of auction proceedings, the petitioner's counsel sought to withdraw the writ petition. The petitioner requested liberty to challenge the auction proceedings separately.

Key Issues

1. Whether the petitioner is entitled to withdraw the writ petition with liberty to challenge the auction proceedings, given that the vehicle has already been sold by the respondents. The petitioner argued for withdrawal with liberty to pursue a separate challenge to the auction. The respondents did not present any arguments against the withdrawal, as the core issue of the vehicle's status was clarified by their counter affidavit.