Dwarapudi Swami Naidu vs. The Special Enforcement Bureau

Court:High Court of Andhra Pradesh
Judge:Hon'ble K Sreenivasa Reddy
Case Status:Dismissed
Order Date:22 Aug 2022
CNR:APHC010426982022

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Order Issued After Hearing

Purpose:

Admission (Excise)

Before:

Hon'ble K Sreenivasa Reddy

Listed On:

22 Aug 2022

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Order Text

$[3327]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26213 OF 2022

Between:

Dwarapudi Swami Naidu, S/o Suribabu, Aged 44 yrs, D.No.21-145/15 Opp: Saint Jorge school, Rajapathrunipalem, Kothavalasa, Vizianagaram District. (Owner of the vehicle AP 39 DP 0405)

AND

...Petitioner

पासते

    1. The Special Enforcement Bureau, Represented by its Commissioner, Vijayawada.
    1. The Special Enforcement Bureau, Represented by its Deputy Commissoiner, Confiscating Authority, Visakhapatnam Zone, Visakhapatnam.
    1. The Station House Officer, Special Enforcement Bureau Station Pendurthy
    1. The Enforcement inspector, DTF, SEB, Visakhapatnam Urban, Visakhapatnam.

...Respondents

WHEREAS the Petitioner above named through his Advocate Sri R SIVA SAI SWARUP presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an Order to Issue a Writ or Order or Direction more particularly in the Nature of a Writ of Ceritorari by Call for the Records pertaining to the Impugned Order passed by the 2<sup>nd</sup> Respondent vide order No. RC .N0.149/2022/SEB/VSP/A1 Dated 28-06-2022 mechanically without application of mind nor assigned any reasons it is nothing but a Cryptic Order it is bad in Law, as against the Law, Violatoin of prescribed procedure, violatoin of Article 14,19, 300-A of the Constitution of India there by to Set-Aside the impugned order RC .N0.149/2022/SEB/VSP/A1 Dated 28-06-2022 in the interest of the justice.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri R SIVA SAI SWARUP Advocate for the Petitioner, and of Government Pleader for Home for R3, and of Government Pleader for Prohibition and Excise for R1, R2 and R4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

    1. The Special Enforcement Bureau, Represented by its Commissioner Vijayawada.
    1. The Special Enforcement Bureau, Represented by its Deputy Commissoiner Confiscating Authority, Visakhapatnam Zone Visakhapatnam.
    1. The Station House Officer, Special Enforcement Bureau Station Pendurthy
    1. The Enforcement inspector, DTF, SEB, Visakhapatnam Urban, Visakhapatnam.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, within four (4) weeks, on which date the case stands posted for hearing.

The Court made the following: ORDER

"Notice before admission.

Learned Government Pleader for Home takes notice for R3.

Learned Government Pleader for Prohibition and Excise takes notice for R1, R2 and R4.

At request, post the matter after four (4) weeks to get instructions".

Sd/- M. SRINIVAS AS ASSISTANT REGISTRAR

//TRUE COPY//

For AS

SECTION OFFICER

To,

  1. The Commissioner, Special Enforcement Bureau, Vijayaw.......
    1. The Deputy Commissoiner, Special Enforcement Bureau, Confiscating Authority, Visakhapatnam Zone, Visakhapatnam.
    1. The Station House Officer, Special Enforcement Bureau Station, Pendurthy.
    1. The Enforcement inspector, DTF, SEB, Visakhapatnam Urban, Visakhapatnam. (Addresses 1 to 4 by RPAD- along with a copy of petition and affidavit)
    1. One CC to SRI R SIVA SAI SWARUP Advocate [OPUC]
    1. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT]
    1. Two CCs to GP for Prohibition and Excise, High Court Of Andhra Pradesh. [OUT]
  1. One spare copy

KN

HIGH COURT

$\text{SRK},,\text{J}$

DATED: 22/08/2022

Post the matter after four (4) weeks

NOTICE BEFORE ADMISSION

WP.No.26213 of 2022

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Case History of Orders

Order(3) - 12 Oct 2022

Final Order

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Order(1) - 22 Aug 2022

Interim Order

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Order(2) - 22 Aug 2022

Interim Order

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