Telangana High Court
WP/33357/2026 of Rafiq Nabisahab Momin, Vs The State of Telangana, on 7 October 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENry SIX [ 321e ] ...PETITIONER PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 3335 7 0F 2026 Between: AND Rafiq Nabisahab Momin,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENry SIX
[ 321e ]
...PETITIONER
PRESENT
THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI
WRIT PETITION NO: 3335 7 0F 2026
Between:
AND
Rafiq Nabisahab Momin, S/o Nabisahab Momin, Aged 37 years. Occ Abbu Cargo Transp.ort sgrvice owner, owner.of the Vehicre oEaring No. il,nH azal--1 isilRTJ
Room No. 184, Neharu Naoal S,V, Road No. Z, Opf. SLtna park, Borivati East
S. O, Mumbai, Maharashtr;400066.
1. The State of Telangana, Rep.byitsprincipalsecretary, Home Department, Secretariat Buildings, Tela ngana Siate, Hyderabad.
2. The Superintendent of police, Sangareddy Distict, Telangana State.
3. The Station House officer, Zaheerabad Town police Station.
...RESPONDENTS
Petition under Anide 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ, order or direction more particurarry one in the nature of Mandamus, declaring the action of the Respondent No. 3 in continuing to retain the petitioners Eicher container Lorry bearing Registration No. MH47BL-1 1g3, which was recovered in connection with F.r.R.No. 409 of 2026, dated 19-09-2026, ot Zaheerabad rown Police station, sanga Reddy District, without considering the petitioners craim for interim custody , as arbitrary, iilegar, unjust, unfair and against the principres of naturar justice and also in vioration of A.ticres i 9(1)(g) of the constitution of rndia, and consequenfly direct the Respondent No. 3 to rerease the petitioners Eicher container Lorry bearing Registration No. MH47BL_1 .l g3to the petitioner I
l.A. NO: 1 OF 2026
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 direct the Respondent No. 3 to consider the Petitioners claim and release the Eicher Container Lorry bearing Registration No. MH47BL-1'183 in connection with F l R No 409 of 2026, dated 19-09-2026, of Zaheerabad Town Police Station, Sanga Reddy District, pending disposal of the main writ petition Counsel for the Petitioner: SRI V. POORNA SRI
Counsel for the Respondents: SRI D. PRADEEP, AGP FOR HOME
The Court made the following: ORDER
L
IN TIIE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTICE TANGIRALA
MADHAVIDEVI
T PETITIONN0.333s70F 2026
(CNR No. HBHC0l068s 882026)
DATED : 07.10.2026
Between:
Rafiq Nabisahab Momin.
... Petitioner
The State ofTelangana and 2 others
... Respondents
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ORDER
This Writ Petition is filed challenging the action of in continuing to retain the petitioner,s Eicher Container Lorry bearing Registration No.MH47BL I I g3, without considering the petitioner,s claim vehicle, as illegal and arbitrary. for interim custody of the
2. Heard leamed counsel for the petitioner and Sri D. pradeep, leamed Assistant Government pleader for Home, appearing for AND respondent No.3 respondents No. I to 3.
TMD,J W.P. No.33357 of 2026
3. Learned Assistant Govemment Pleader for Home submitted that the sub.iect vehicle is going to be produced before the corlcemed Coutl tomorrow by filing Form-60'
4. Leanred counsel for the petitioner submitted that the petitioner does not possess the original Registration Certiflcate and relied upon various other documents, such as the transport permit' insurance policy. goods permit, delivery challan' etc'' to establish his ownership over the vehicle lt is further submitted that the petitioner's vehicle, along with its contents' i'e" spare parts which wele to be delivered at Pune, was stolen and that the petitioner lodged a complaint in that regard' It is submitted that' subsequently, the petitioner came to know that the police had recovered the said vehicle along with the material contained thelein. Therefore, the petitioner is seeking release of the vehicle'
5. In view of the above submissions' it appears that the vehicle is presently in the custody of the respondent police and not yet deposited before the Court' Therefore' the petitioner is directed to appear before the respondent police along with all relevant documents pertaining to the vehicle to establish his ownership over //TRUE COPYII TMD,J W.P, No.33357 of2026 SD/- A. JAYASREE ASSISTANT REGISTRAR SECTION OFFICER
both the vehicle as well as the articles in the vehicle. The respondent police shall verify the genuineness and veracity of the documents produced by the petitioner. If, upon such verification, the respondent police are satisfied that the petitioner is the owner of the vehicle as well as the articles therein, they shall prepare a panchanama recording the contents of the vehicle and thereafter, release the vehicle as well as the articles therein to the petitioner, subject to the petitioner fumishing two local sureties for a sum of Rs.1,00,000/- (Rupees One Lakh only) each. The petitioner shall not alienate or create any encumbrance over the vehicle and shall produce the vehicle before the respondent police or the competent Court, as and when required, for the purpose of investigation or further proceedings.
6. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.
7. Pending miscellaneous petitions, if any, in this Writ petition shall stand closed.
To, The Principal Secretary, Home Department, Secretariat Buildings, Telangana State, Hyderabad.
2. The Superintendent ofl
3. The station nor." or.1l"!"' sangareddy Distict, Tetangana state. I g," ..'" . *i r'r"ooi..-^ffi ,;f :J?Jfr:,jfi st"t:*, t Iff",:[:rbGP FoR ,or., ,,nn-""J,.1"'i,"ln
6. Two CD Copies
- ''r' I rrvrr \'uur lor the State of Telangana, at PVLq HIGH COURT DATED: 07110t2026
ORDER
WP.No.333S7 of 2026 CC.TODAY oF TE.a cj $ a s -!- C" L t l.l ,i: aJt lt c: J HgIH * DISPOSING OF THE WRIT PETITION WITHOUT COSTS q c