WP/35018/2023 of Sriram Maloth Vs The State of Telangana on 29 December 2023

HIGH COURT [FOR ][THE STATE ][OF ][TELANGANA AT ][HYDERABAD](SPecial Original Jurisdiction)

FRIDAY, THE TWENTY [NINTH DAY OF DECEMBER]TWO THOUSAND [AND ][TWENTY THREE]

PRESENT

THE HONOURABLE [SRI ][JUSTICE K. ][SARATH]

WRIT PETI[TION ][NO: ][3501][ 80F]23

Between:

SriramMaloth,s/o.Chandu,Agedabout46Years,Occ'OwneroftheVehicleLir'Nij. rs'oi ue tqa, ['nyd ][n.r.to.a-zo, Devuni Thanda, cheeka-ti ][Mamidi,]il;i;;H;;;m,1aoaoi'i [er'uvanagiri ][District, Telangana ][State ][508 ][126']...PETITIONER/OWNER [OF THE ][VEHICLE]

4ND1.The State of Telangana, [Rep. by ][its ][Principal Secretary, ][Consumer Affairs']ro6oinJcivir Srpplles [t.S ][Secretariat Buildings, Hyderabad]1.The State of Telangana, [Rep. by ][its ][Principal Secretary, ][Consumer Affairs']ro6oinJcivir Srpplles [t.S ][Secretariat Buildings, Hyderabad]2The Collector [(CS), Rangareddy ][District]

JThe Assistant Civil [Supply Officer, Rangareddy District]

4TheStationHouseofficer,AbdullapurmetPS,RachakondaCommissionrate'Rangareddy DistrictRangareddy District

...RESPONDENTS

Petition under [Article ][226 ][of ][lhe ][constitution ][of ][lndia ][praying ][that ][in ][the]circumstances [stated ][ln ][the ][affidavit ][filed ][therewith' ][the ][High Court ][may ][be]pleasedtoissueaWrit,OrderordirectionmoreparticularlyoneinthenatureofMandamus,declaringtheactionoftherespondentsNo.4inseizingthevehicleLorry bearing [TS 07 ][UG ][7416 ][of ][the ][petitioner under ][the ][cover ][of ][seizure ][of]panchanamadaled12-12.2023bykeptthevehicleinthecuStodyofthe4threspondentpolicestationinconnectionwithCrimeNo.6g.l/2023dated12-12-2023 is illegal, [arbitrary ][and ][against ][the ][principles ][of ][natural ][justice ][and]also violation of Articles [r ][9 ][(r ]) [(g) of the ][constitution of ][lndia ][and consequently]directtherespondentNo.4toreleasetheseizedvehicleofthepetilionervehiclelorry bearing number [TS ][07 ][UG 7416 to ][the ][petitioner']

lA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be [pleased ]todirect the respondent No.4 to release the seized vehicle of the [petitioner ]vehicleLorry bearing No. TS 07 UG 7416 in connection with Crime No.691/2023 dated12-12-2023 on the file of the 4th respondent, pending disposal of the main writpetition.

Counsel for the Petitioner: SRI C.VIVEKANAND

Counsel for the Respondent No.1 to 3: GP FOR CIVIL SUPPLIES

Counsel forthe Respondent No.4: GP FOR HOME

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SARATHIVRIT PETITION No.35O18 of 2o23ORDER:

This writ petition is filed to declare the seizure [of]

the petitioner's vehicle i.e., Lorry bearing No.TS [07 ][UG]7416 under cover of panchanama dated L2.12.2O23 [in]connection with Crime [No.69 ]1 of 2023 [of]Abdullapurmet Police Station, Rachakonda,ASarbitrary and unconstitutional.

2. Heard learned counsel for the petitioner andlearned Government Pleader for Civil Suppliesappeafing on behalf of respondent Nos. 1 to 3 andlearned Government Pleader for Home appearing onbehalf of respondent No.4.

3. The vehicle of the petitioner i.e., lorry bearing No.TS 07 UG 7416 was seized under cover of panchanamaby respondent No.4 in connection with Crime No.691 of2023 of Abdullapurmet Police Station, Rachakonda w e.no ssota q i{ili{il under Section 42O IpC and Section 7 of the Essential Commodities Act, 1955 (for short .the E.C. Act).

4. Learned Government pleader for Civil Supplies submitted that proceedings under Section 6_4. of theE.C. Act, have been initiatedE.C. Act, have been initiated against the petitioner andthe same are pending. Learned Government pleaderfurther submitted that the subject vehicle is still in thecustody of respondent the same are pending. Learned Government pleaderfurther submitted that the subject vehicle is still in thecustody of respondent No.4_police Station.

5. In view of the above facts and circumstances,

taking into consideration the fact that the respondentauthorities have initiated proceedings under Section 6_A of the E.C. Act and the sarne are pending, this Courtis inclined to grant relief to the petitioner.

6. Accordingly, this writ petition is disposed of directing the respondent No.4 to release the vehicle i.e.,Iorry bearingNo.TS 07 UG 7416,under cover ofpanchanamadated t2.12.2O23 inconnection withCrime No.691 of 2023 of Abdullapurmet police Station, Rachakonda, in favour of the petitioner subject tocondition of his furnishing bank guarantee by way ofcondition of his furnishing bank guarantee by way ofFixed Deposit for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) in favour of the 2ndrespondent-Collector (Civit Supplies), RachakondaDistrict. Release of the vehicle shall be subject tooutcome of the conhscation proceedings under Section6-,4' of the trC Act. Pending such proceedings, theTwenty Five Thousand only) in favour of the 2ndrespondent-Collector (Civit Supplies), RachakondaDistrict. Release of the vehicle shall be subject tooutcome of the conhscation proceedings under Section6-,4' of the trC Act. Pending such proceedings, thepetitioner is directed not to a-lienate or alter physicalfeatures of the subject vehicle, and is further directedto produce the vehicle as and when required by theauthorities concerned. No order as to costs.to produce the vehicle as and when required by theauthorities concerned. No order as to costs.

7. Pending miscellaneous applications, if any, shallstand clqsedstand clqsed SD/- K.SREERAMA MURTHYASSISTANGIsEcTtoN oFFtcER

//TRUE COPYII

To,

'1 . The Princip_al S.ecretary, Consumer Affairs, Food and Civil Supplies T.SSecretariat Buildings, Hyderabad, State of Telangana.. The Princip_al S.ecretary, Consumer Affairs, Food and Civil Supplies T.SSecretariat Buildings, Hyderabad, State of Telangana.

2. The Collector (CS), Rangareddy District

3. The Assistant Civil Supply Officer, Rangareddy District

4. The Station House officer, Abdullapurmet P.S., Rachakonda Commissionrate,Rangareddy DistrictRangareddy District

5. One CC to SRI C.VIVEKANAND, Advocate [OPUC]

6. Two CCs to GP FOR CIVIL SUPPLIES, High Court forthe State of Telanganaat Hyderabad [OUT]at Hyderabad [OUT]

7. Two CCs to GP FOR HOME, High Court for the State of Telangana atHyderabad [OUT]Hyderabad [OUT]

8. Two CD Copies

HIGH COURT

DATED: 2911212023

ORDER

WP.No.35018 of 2023

DISPOSING OF THE WRIT PETITION,

WITHOUT COSTS

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