Telangana High Court
WP/35751/2024 of Sayyad Hakeem Sayyad Jafar Vs The State of Telangana, on 31 December 2024
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 35751 OF 2024 Between: Sayyad Hakeem Sayyad Jafar, S/o Sayyad Jaffar, Aged abgu!.52 years, R/o H.No. 9-7-1397, Rehhat Nagar, Degloor Naka, Nanded, Maharastra
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WRIT PETITION NO: 35751 OF 2024
Between:
Sayyad Hakeem Sayyad Jafar, S/o Sayyad Jaffar, Aged abgu!.52 [years, ][R/o]H.No. 9-7-1397, Rehhat Nagar, Degloor Naka, Nanded, Maharastra [State-]431604.
...PETITIONER
...PETITIONERAND 1. The State of Telangana, Rep by Principal Secretary, Civil SuppliersDepartment, Secretariat, Hyderabad.2- The District Collector, Nizamabad District, Telangana State.3. The Mandal Revenue lnspector, Bodhan, Nizamabad District.4. The Tahsitdar, Bodhan, l.iizama.bad District, Telangana State. ' \5. The Station House Officer, Eodhan Police Station, Nizamabad [Dist,]Telangana State ...RE'PoNDENTS
Petition under Article 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court [may ][be]pleased to Pass an appropriate writ or direction, more particularly a Writ in thenature of Mandamus declaring the inaction of the 2nd respondent [passing]impugned orders in Case No. CS6/08/2023 Dated.01.02.2024 as illegal arbitraryand un-constitutional and consequently set aside impugned orders [passed in Case]No. CS6/08/2023 Dated.o'l .02.2024 by 2nd respondent and further direct [the]respondents to release the vehicle bearing No. MH490526.
lA NO: 1 OF 2024
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 issue]interim directions to the Respondents to release the vehicle [bearing ][No.]MH490526 disposal of the writ [petition.]
Counsel for the Petitioner: SRI T.SRUJAN KUMAR REDDYCounsel for the Respondent Nos.l TO 4: AGP FOR CIVIL SUPPLIESCounsel for the Respondent No.5: AGP [FOR ]HOME
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE T. MADHA.VI DEVIWRIT PETITION No.35751 of 2024
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ORDER:
This Writ Petition arises out of the proceedingsdt.OI.O2.2O24, wherein lorry bearing No.MH490523 of thepetitioner has been seized and a case in Crime No.586 of2022 dt.3O.I2.2O22 on the file of Bhodhan Town PoliceStation has been registered. The petitioner is seeking interimrelease of the vehicle subject to confiscation proceedings.\under Section 6-A of the Essential Commodities Act, 1955issued by t}le authorities.2. Heard learned counsel appearing for the petitioner;learned Assistant Government Pleader for Civil Suppliesappearing for respondent Nos.1 to 4 and learned AssistantGovernment Pleader for Home appearing for respondentNo.S and perused the record.
3. The learned counsel appearing for the petitionersubmits that in similar circumstances this Court disposedof the W.P.No.657 of 2024 on 09.O1.2024 and directed therespondents therein to release the vehicle with someconditions and requested to pass similar order.
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4. In view thereof, this writ [petition ]is disposed [of,]directing the respondents to [release ]the [vehicle, ][i.e., lorry]bearing No.MH49O523 subject to the [petitioner ][furnishing ][a]bank guarantee by way of hxed [deposit ][for ][a ][sum ][of]Rs.50,OOO/- [(Rupees ]fift5r thousand [only) ][in ][favour ][of]respondent No.2-District Collector, [Nizamabad ][District ][and]also furnishing an undertaking that [he ][will ][not ][alienate ][the]subject vehicle or alter [its ][nature ][or ][create ][any]encumbrance on it. The release [of ][the ][vehicle ][shall ][be]subject to the outcome of the [confiscation ][proceedirigs]under Section 6-A of the Essential [Commodities ][Act' ][1955']
5. Accordingly, with the above directio.r", [this irit]Petition is disposed of. There [shall ][be ][no ][order ][as ][to ][costs.]
Miscellaneous petitions [pending, ]if [any shalt ][stanQ']closed.
BASD/.P,CH.NAGABHUSASSISTANT [RE]STRAR\SECTION OFFICER
//TRUE COPY//
HIGH COIJRT
DATED:31 t12t2024
ORDER
WP.No.3S7S1 of 2024
1) "J0 i [: ]['.'t'[5]!)tDIa.-r-r-'
.DISPOSING [OF THE WRIT ]PETITIONWITHOUT COSTS
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