Telangana High Court
WP/44824/2017 of Banotu Nagulu, Vs The State of Telangana on 29 December 2017
CHALLA KODANDA RAM WRIT PETITION No.44824 of 2017 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to declare the action of the 2nd respondent in issuing the Notice of Forfeiture in M.C.No.A/1039 of 2017, dated 06.06.2017, directing
HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.44824 of 2017
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ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to declare the action of the 2[nd] respondent in issuing the Notice of Forfeiture in M.C.No.A/1039 of 2017, dated 06.06.2017, directing the petitioner to pay the penalty of Rs.1,00,000/- basing on the report given by the 3[rd]respondent, as illegal and arbitrary and to consequently set aside the same.
2. Heard Sri Kishan Bhukya, learned counsel for the petitioner, the learned Government Pleader for Prohibition and Excise for respondents 1 & 2, and the learned Government Pleader for Home for the 3[rd] respondent and perused the material available on record.
3. As can be seen from the impugned proceedings, the petitioner does not appear to have been issued with a notice specifying the violation of the terms of the bond, which the petitioner has entered on 30.03.2017.
4. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the 2[nd] respondent to issue notice to the petitioner precisely specifying the violation of the specific terms of the bond, dated 30.03.2017, and give an opportunity to the petitioner to submit an explanation; on receipt of such explanation, the 2[nd] respondent shall consider the same and pass appropriate orders and communicate the decision taken thereon to the petitioner. The entire exercise shall be completed CKR, J 2
within a period of eight (08) weeks from the date of receipt of a copy of this order.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
There shall be no order as to costs.
Date: 29[th] December, 2017
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CHALLA KODANDA RAM, J
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HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.44824 of 2017
Date: 29[th] December, 2017