Telangana High Court

WP/35036/2023 of Smt. Rathlavath Suvarna Vs The State of Telangana on 29 December 2023

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REODY WRIT PETITION NO: 35036 OF 2023 Between: Smt. Rathlavath Quvarna, Wo Rathlavath Bodka, Aged

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

FRIDAY, THE TWENry NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REODY

WRIT PETITION NO: 35036 OF 2023

Between:

Smt. Rathlavath Quvarna, Wo Rathlavath Bodka, Aged about 37 years, OccHousewife, R/o H.No.1-5, Near Bus Stand, Bommanpally, Achanpet Mandal,Nagarkurnool District, Telangana State.

...PETITIONER

AND

1The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat Buildings, Hyderabad.Secretariat Buildings, Hyderabad.

2. The Station House Officer, Siddapur Police Station, Nagarkurnool District.

3. The Deputy Commissioner, Prohibition and Excise Department, NagarkurnoolDistrict at MahabubnagarDistrict at Mahabubnagar

...RESPONDENTS

Petition under Article 226 of lhe Constitutlon of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction more particularly one in the nature ofWrit Mandamus to direct the respondents particularly 2nd respondent herein torelease the vehicle to the petitioner i.e., Motor Cab Maruti S- Cross Smart bearingNo. TS-31 -T-6336 from the custody of the 2nd respondent in connection withCrime No. 96 of 2023 dated 23-11-2023 h€rein forthwith.

lA NO: 1 OF 2023

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 directthe 2M respondent to release the vehicle to the petitioner i.e., Motor Cab MarutiS- Cross Smart bearing No. TS-31-T-6336 from the custody of the 2nd respondent in connection with Crime No. 96 of 2023 dated 23-11-2023 herein pendingdisposal of the main writ petition.

Counsel for the Petitioner: SRI METTU VAISHNAVI

Counsel forthe Respondent No.l & 2: GP FOR HOME

Counsel for the Respondent No.3: GP FOR PROHIBITION & EXCISE

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE [C.V. BHASKAR ][REDDY]\[RIT PETITION No.35O36 OF 2023

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ORDER:

This Writ Petition, under Article 226 [of ][tl;re ][Constitution ][of]India, is Iiled seeking to issue a direction [to ][respondent No.2 ][to]release the petitioner's vehicle i.e., Motor [Cab ]Maruti [S-Cross]Smart bearing No.TS-31-T-6336 forthwith from [the ][custody ][of]respondent No.2, seized in connection with Crime [No.96 ][of]2023, dated 23. I 1.2023.

Heard learned counsel for learned counsel for for the [[petitioner ]][[and]]

2. Heard learned counsel for learned counsel for for the [[petitioner ]][[and]]leamed Govemment Pleader for Prohibition [and ][Excise]appearing for the respondents. Perused the [record.]

3.

3. The case of the petitioner is that she is [the owner of]the subject vehicle i.e., Motor Cab Maruti [S-Cross ][Smart]bearing No.TS-31-T-6336. It is further [case ][of the ][petitioner ][that]the said vehicle was seized by the [respondent-poiice ][on ][the]ground of transportation of illicit liquor and registered [a ][case ][in]Crime No.96 of 2023, dated 23. [1 ]1.2023 on [the ][hle of ][respondent]No.2 for the offence punishable under Section 34 [(e) ][of ][the]Telangana Excise Act, 1968 (for short, the Act, [1968J.]

4. Learned counsel for the petitioner [submitted that]the vehicle was manufactured in the [year 2018 ][and ][in ][proof ][of]

the same, the petitioner filed registration certificate. By referringthe same, learned counsel for the petitioner would submit thatan amount of Rs.SO,OO0/- would be reasonable towards securilvdeposit for release of the subject vehicle.

5. Considering the fact that the petitioner is using thesubject vehicle for her day-to-day activities, the vehicle can bereleased subject to further proceedings under the Act, 196g oncertain conditions.

6. Accordingly, the Writ petition is disposed of

directing the respondents to release subject vehicle i.e., MotorCab Maruti S-Cross Smart bearing No.TS-31_T-6336, subject topetitioner furnishing Fixed Deposit Receipt (FDR) for an amountof Rs.5O,00O/ - (Rupees Fifty Thousand only) in favour ofCab Maruti S-Cross Smart bearing No.TS-31_T-6336, subject topetitioner furnishing Fixed Deposit Receipt (FDR) for an amountof Rs.5O,00O/ - (Rupees Fifty Thousand only) in favour ofrespondent No.3. The petitioner shall also furnish arlundertaking that she will not alienate or change the physicalfeatures of the vehicle. Respondent No.3 shall address a letterto the Road Transport Authority not to transfer the subjectfeatures of the vehicle. Respondent No.3 shall address a letterto the Road Transport Authority not to transfer the subjectvehicle in favour of any third pa_rty without clearance from theExcise Department. Needless to say, release of the subjectvehicle i.e., Motor Cab Maruti S-Cross Smart bearing No.TS_31_Excise Department. Needless to say, release of the subjectvehicle i.e., Motor Cab Maruti S-Cross Smart bearing No.TS_31_T-6336, shall be subject to the orders to be passed byrespondent No.2 pursuant to the enquiry to be conducted underrespondent No.2 pursuant to the enquiry to be conducted under the provisions of the Act, 1968. There shall [be ][no order ][as ][to]costs.

Miscellaneous pe titions, if any, pending in this writpetition shail stand closed SD/.A.V.S. [PRASAD]ASSISTANT [REGISTRAR]t/,sEcrloN 6prtcen //TRUE COPY//

To,

The Principal [Secretary, ][Home ][Department' ][Secretariat ][Buildings' ][Hyderabad']State of Telangana.State of Telangana.

The station [House ][offrcer, siddapur ][Police Station, ][Nagarkurnool ][District']

The Deputy Commissioner, [Prohibition ][and ][Excise ][Department' ][Nagarkurnool]District at Mahabubnagar.District at Mahabubnagar.

J

One CC to to [[M/s. METTU VAISHNAVI, ]][[Advocate ][[OPUC]]][[[OPUC]]]

4One CC to to [[M/s. METTU VAISHNAVI, ]][[Advocate ][[OPUC]]][[[OPUC]]]5Two CCs to to [[GP ][FOR ]][[FOR ]][HOME, ][High ][Court ][for the ][State ][of ][Telangana ][at]Hyderabad [OUT]5Two CCs to to [[GP ][FOR ]][[FOR ]][HOME, ][High ][Court ][for the ][State ][of ][Telangana ][at]Hyderabad [OUT]

5Two CCs to to [[GP ][FOR ]][[FOR ]]Hyderabad [OUT]Hyderabad [OUT]6Two CCs to GP [FoR ][PRoHlBlTloN ][& ][EXCISE, High Court ][for ][the ][State ][of]Telangana [at HYderabad ][OUT]Telangana [at HYderabad ][OUT]

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7Two CD CoPies

BSR

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HIGH COURT

DATED: 2911212023

ORDER

WP.No.35036 of 2023

1HE [STAT]6(qvz3 [BiAri 2024a* OEPATC

DISPOSING OF THE WRIT PETITION,WITHOUT COSTS

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