Telangana High Court
WP/36978/2024 of Mood Saritha Vs The State Of Telangana on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 36978 OF 2024 Mood Saritha, Wo M.Naresh, Age: 29 Years, Occ:
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WRIT PETITION NO: 36978 OF 2024
Between:
Mood Saritha, Wo M.Naresh, Age: 29 Years, Occ: Agriculture/Owner of the AshokL.eyland.Van.Bearing No. TG26-T2255, R/p. H.No. 1-57, [pusala ]Thanda, GiripuramVillage, Manipeta Mandal, Mahabubabad District.L.eyland.Van.Bearing No. TG26-T2255, R/p. H.No. 1-57, [pusala ]Thanda, GiripuramVillage, Manipeta Mandal, Mahabubabad District.
...PETITIONER
AND
1The State gf T_elangana, Rep. by its Principal SecretaryFood and Civil Supplies Department, Secretiriat, Hydera[rad, T.S.[, ][Consumer ][Affairs,]Food and Civil Supplies Department, Secretiriat, Hydera[rad, T.S.[, ][Consumer ][Affairs,]
Z. Collector (Civil Supplies), Mahabubabad District, Office of Collectorate,Ifg Mahabubabad District.Ifg Mahabubabad District.
3. The District Civil Supply Officer, Mahabubabad District.
4. The Tahasildar, Manipeta Mandal, Mahabubabad District.
5. If'e Deputy Tahasildar (Civil Supply Enforcement), Marripeta, MahabubabadDistrict.District.
6. The Station House Officer, Narsimhulapet P.S., Mahabubabad District
...RESPONDENTS
Petition under Article 226 of the Constitution 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 OF MANDAMUS declaring the action of the respondents in seizing thevehicle Ashok Leyland truck bearing no.TG26T22SS(TS26T2255) on 10-12-2024in connection with case vide No. FIR No. 18012024 on the file of the 6threspondent, without conducting any enquiry, as illegal, arbitrary, without I
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jurisdiction, violative of principles of natural justice and in violation of articles i 4,19 and 21 of the constitution of lndia and consequently direct the respondents torelease the said vehicle.
lA NO: 1 OF 2024
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 respondents to release the Ashok Leyland truck bearing no.TG26T2255 (T526T2255) in connection with FIR No. '18012024 on the file of the6th respondent, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI S. GOUTHAM
Counsel for the Respondents No.1 to 3 & 5: AGP FOR CIVIL SUPPLIES
Counsel for the Respondent No.4: cP FOR REVENUE
Counsel for the Respondent No.6: AGP FOR HOME
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION No.3697 a of 2024
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ORDER:
This writ petition is hled to declare the seizure of the petitioner's vehicle i.e., Ashok Leyland truck, bearingNo.TG26T2255(TS26T2255) in connection with Crime No.18O of2024 of Narsimhulapet Police Station, Mahabubabad District, asarbitrary and unconstitutional.2024 of Narsimhulapet Police Station, Mahabubabad District, asarbitrary and unconstitutional.
2. Heard learned counsel appearing for the petitioner;learned Assistant Government Pleader for Civil Suppliesappearing for respondent Nos.1 to 5 and learned AssistantGovernment Pleader for Home appearing for respondent No.6 andperused the record.
3. The learned counsel appearing for the petitioner submitsthat in similar circumstances this Court disposed of theW.P.No.657 of 2024 on 09.01.2024 and directed the respondentstherein to release the vehicle with some conditions and requestedto pass similar order.
4. The learned Assistant Government Pleader fg.respondents not d.isputed the submissions made by the t""r.r[acounsel appearing for the petitioner and requested to passappropriate order.
5. In view of the submissions made by the learned counselson the both sides, this writ petition is disposed of, directing therespondents to release the vehicle i.e., Ashok Lryland truck,bearing No.TG26T2255 (T5.26T2255), in connection with CrimeNo. 18O of 2024 of Narsimhulapet Police Station, MahabubabadDistrict, in favour of the petitioner subject to condition of herfurnishing bank guarantee by way of Fixed Deposit for a sum ofRs.25,O0O/- (Rupees Twent5i Five Thousand only) in favour of therespondent No.2- Collector (Civil Supplies), MahabubabadDistrict. Release of the vehicle shall be subject to outcome of theconfiscation proceedings under Section 6-..4. of the EC Act.Pending such proceedings, the petitioner is directed not toalienate or alter physical features of the subject vehicle, and isfurther directed to produce the vehicle as and when required bythe authorities concerned.
6.
6. Accordingly, with the above directions, this Writ petitionis disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any shall stand closed.
1 . The Principar secretary, consumer Affairs, Food and civir SuooriesDepartment, State of Teldngana, Secretariat, Hyderabad, T.S.Department, State of Teldngana, Secretariat, Hyderabad, T.S.
2. The Collector LQivil. Supplies), Mahabubabad District, Office of Collectorate,MahabubabadDistrict.'MahabubabadDistrict.'
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3. The District Civil Supply Officer, Mahabubabad District.
4. The Tahasildar, Marripeta Mandal, Mahabubabad District.
5. The Deputy Tahasirdar (civir suppry Enforcement), Marripeta, MahabubabadDistrict.District.
6. The Station House Officer, Narsimhulapet p.S., Mahabubabad District
7. One CC to SRI S. GOUTHAM, Advocate tOpUCl
8. Two ccs to GPJor civir suppries, High court for the state of rerangana atHyderabad. [OUT]Hyderabad. [OUT]
9. Two CCs to G.P for Revenue, High Court for the State of Telangana atHyderabad. [OUT]Hyderabad. [OUT]
10. Two CCs to Gj for Home, High Court for the State of Telangana atHyderabad. [OUT]Hyderabad. [OUT]
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HIGH COURT
DATED:3111212024
o{l-tc,Sr4{(oo00.r1i,tW5ts'l)4icHEn'fORDER
WP.No.36978 of 2024
DISPOSING OF THE WRIT PETITIONWITHOUT GOSTS