Telangana High Court

WP/24394/2020 of M/s. H.R. Industry Vs The State of Telangana on 30 December 2020

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY , THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 24207 OF 2020 Between: Jarpula Narsingh, S/o. Hunya, Age. 27 Years, Occ. Otry1er o,f the lvlaxi

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

TUESDAY ,THE FIFTH DAY OF JANUARYTWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION NO: 24207 OF 2020

Between:

Jarpula Narsingh, S/o. Hunya, Age. 27 Years, [Occ. ][Otry1er o,f ][the ][lvlaxi ][Cab]vehicle bearing No. TS07UG3897, [Fi"/o ]H.No.G-10, Block [No. ][18, ][Adarsh ][Nagar]Colony, Nandanavanam, Saroornagar, [Rangareddy ]District.

.,,PETITIONER

AND

1. The State of Tetangana, rep. by its Principal Secretary, [Excise ][Department,]Secretariat, Hyderabad.Secretariat, Hyderabad.

2. The Deputy Commissioner, of [Prohibition and Excise Mahaboobnagar,]Mahaboobnagar District.Mahaboobnagar District.

3. The Station House Officer, Kalwakurthy [Prohibition and Excise Police ][Station,]Nagarkurnool District.Nagarkurnool District.

..,RESPONDENTS

Petition under Article 226 of the Constitution of [lndia ][praying ][that in ][the]circumstances stated in the affidavit [filed ][therewith, ][the ][High Court may be ][pleased]to issue an appropriate Writ, Order or Direction, [more particularly ][one ][in ][the ][nature]of Writ of ttrlandamus, declaring the [action ][of ][the 2nd ][respondent ][in ][not]passing/directing the 3rd respondent to release the Maxi Cab vehicle bearing Reg.No. TS 07 UG 3897 seized in C.O.R [No.262 ][of 2020, ][da|ed.2810912020, seized ][of]petitioners vehicle was being illegal, arbitrary and unjust also Artlcle 14, 19,21 and300-A of the Constitution of lndia and consequently [direct ][the ][2nd ][respondent ][to]order for release of the vehicle to the [petitioner,]

lA NO: 1 OF 2020

Petition under Section 151 CPC [praying ]that in the circumstances [stated ][in]the affidavit filed in support of the [petition, ]the High Court may [be pleased ][to ][direct]the 2nd respondent herein to issue orders directing the [3rd ][respondent ][to ][release]the lVlaxi Cab vehicle bearing Reg. No. TS 07 UG [3897 ][seized ][in ][C.O.R No.262 ][of]2020, dated. 2810912020, [pending ]disposal of the main Writ [Petition.]

Counsel for the Petitioner:SRl. LAXMAIAH KANCHANI

Counsel for the Respondents: GP FOR PROHIBITION [& ][EXCISE]

The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO

WRIT [pETITION ]No.242OZ OF 2O2O

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ORDER:

Heard learned counsel for the petitioner and learnedGovernment Pleader for prohibition and Excise appearing for therespondents.respondents.

2. This writ petition is filed alleging that on the ground that thevehicle of the petitioner bearing registration No.TS OTUG 3g97 isinvolved in COR.No.2 62 of 2O2O under the provisions of theTelangana Prohibition Act and the Telangana Excise Act, the vehiclewas seized and interim custody of the vehicle is not given.to thepetitioner.

3. When the matter is taken up, learned Government pleader forProhibition and Excise informs the Court that on 3l.72.2O2O t:recompetent authority passed orders confiscating the vehicle.

4. Since the vehicle is already confiscated, the question ofgranting interim custody of the vehicle does not arise.

5. Leaving it open to the petitioner to avail appropriate remediesas available in law against the orders of confiscation of the vehicle,the writ petition is dismissed. It is needless to observe that if thepetitioner intends to prefer an appeal and also files an applicationseeking grant of interim custody of the vehicle, pending the appeal,the appeal authority shall consider such application within a periodof three weeks from the date of receipt of such application. pendingmiscellaneous petitions shall stand closed.

SD/.N.CHANDRA SEKHAR RAOASSISTANT REGISTRAR/iTRUE COPY//h-t'

SECTION OFFICER

To,

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HIGH COURT

DATED:0510112021

ORDERWP.No.24207 ot 2020

Dismissing the WPWithout costs.t"\

STA1oo08JAN [2021]*i

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