Telangana High Court

WP/24370/2020 of Sabavath Santhamma ,Chavan Shanthamma Vs The State of Telangana on 31 December 2020

THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY , THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY Between: Sabavath Santhamma @Chavan Shanthamma, W/o Pandu Naik, age.33 years,Occ. agriclture, R/o Jangamreddy pally Thanda, Kanmanoor Narva [Mandal Narayanpet

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

THURSDAY ,THE THIRTY FIRST DAY OF DECEIVBERTWO THOUSAND AND TWENTYTWO THOUSAND AND TWENTY

PRESENT

THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION NO: 24370 Ol 2020

Between:

Sabavath Santhamma @Chavan Shanthamma, W/o Pandu Naik, age.33years,Occ. agriclture, R/o Jangamreddy pally Thanda, Kanmanoor Narva [MandalNarayanpet Districtyears,Occ. agriclture, R/o Jangamreddy pally Thanda, Kanmanoor Narva [MandalNarayanpet District

...PETITIONER

AND

IThe State of Telangana, rep. by its Principal Secretary, Revenue (Excise)Depadment, Secretariat, Hyderabad.Depadment, Secretariat, Hyderabad.

2. The Executive IVlagistrate-cum-Tahsildar, Narva Mandal, Narayanpet District.

3. The Station House Officer, Narayanpet Prohibition and Excise Station,Narayanpet District.Narayanpet District.

..,RESPONDENTS

Petition under Article 226 o'f the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue an appropriate Writ Order or Direction more particularly one in the nature ofWrit of lt/andamus declaring the action of the 2nd respondent in issuing the notlce in[/. C .No. [REDACTED] dated 2411212020 as illegal and violation of Article 14 and 21of the Constitution of lndia and also violation of procedure prescribed under Cr P Cand consequently quash the Notice lV C No [REDACTED] dated 2411212020.

lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to stay ofall further proceedings pursuant to notice in l\/. C .No. [REDACTED] pending disposalof the above writ petition.

Counsel for the Petitioner:SRl. G. RAJESHWAR RAO

Counsel for the Respondent Nos. 1 & 3: AGP FOR PROHIBITION & EXCISE

Counsel for the Respondent No 2: GP FOR REVENUE

The Gourt made the following:

HONOURABLE SRI JUSTICE [P.NAVEEN ][RAO]

WRIT PETITIoN [NO.24][ 37O ][of ][2O2O]

ORDER:

Heard learned counsel [for ][the ][petitioner ][and ][learned]Assistant Government [Pleader ][for Prohibition and ][Excise']

2. Petitioner claimed to [be ][resident ][of ][Jangamreddypally]Thanda, Kanmanoor, [Narva ][Mandal, ][Narayanpet ][District ][and doing]coolie work. On the [ground ][that ][on ][3O.O7 ]'2O2O [a ][crime ][was]registered under Section [7(A) ][read ][with ][Section ][B(e) ][of ][Telangana]Prohibition Act, [1995, ][petitioner was ][made ][to ][execute ][bond ][for]good behaviour for an amount of [Rs. ][1,00,000/ ][- ][While so, ][on]22.12.2020 as another [crime ][was registered ][under ][the very ][same]provisions of law, the [impugned ][notice ][dated ][24 ][12'2O2O was]served directing the [petitioner to ][show ][cause ][u'hy the ][bond ][amount]should not be forfeited.

Page 2 of 3

3. From the reading of [the ][impugned notice, ][it ][is ][seen ][that ][no]prior opportunity was given to the [petitioner ][to ][explain ][her ][stand]before ordering forfeiture [of the ][amount furnished ][by ][her ][earlier']That apart, the reason [assigned ][for ][forfeiture ][is ][alleged]involvement of the [petitioner ][in ][a ][crime. ][Mere involvement ][in ][a]crime would not [by itself ][constitute ][breach ][of ][bond ][furnished ][by]the petitioner as it cannot [be ][treated ][on ][par ][with conviction' ][Thus,]on both counts, i.e., on [facts ][and ][in ][law, the ][impugned ][notice]d,ated. 24.L2.2020 is [unsustainable. ][Accordingly, ][the ][impugned]notice is set aside and [the ][Writ ][Petition ][is ][allowed. ][However, ][it ][is]made clear that this [order ][would ][not ][preclude ][the ][authorities in]proceeding in the matter in future in [accordance ][with ][law, ][if]

warrants. Pending miscellaneous petitions, if any, shall standclosed.

SD/.B.SATYAVATHIASSISTANT REGIS

//TRUE COPY//SECTION OFFICER

To,

1 . The Principal Secretary, Revenue (Excise) Department, State of Telangana,Secretariat, Hyderabad.Secretariat, Hyderabad.2. The Executive lVlagistrate-cum-Tahsildar, Narva Mandal, Narayanpet District.3. The Station House Officer, Narayanpet Prohibition and Excise Station,N€rayanpet District.3. The Station House Officer, Narayanpet Prohibition and Excise Station,N€rayanpet District.

4. One CC to Sri. G Rajeshwar Rao Advocate IOPUC]5. Two CCs to GP for Prohibition & Excise, High Court for the State of Telangana.[our]5. Two CCs to GP for Prohibition & Excise, High Court for the State of Telangana.[our]6. Two CCs to the GP for Revenue, High Court for the State of Telangana. (OUT)7. Two CD Copies.7. Two CD Copies.

PN/ \A:-

HIGH COURT

DATED:31 11212020

ORDER

WP.No.24370 of 2020

Allowing the WPWithout costs.

6

STA2021o0IJAN**

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