WP/28676/2025 of Gnanavelu Chandirareddy Vs The State of Telangana on 26 September 2025

t 3168 i

Gnanavelu Chandirareddy, S/o. Chandirareddy, Aged about 50 years, Occ. Owner of Black jaggery stock, Rl/o. Reddiyar vattam, J-ayapuram, Tirupaturm Paniyandapalli, Vellore, Tamilnadu state.

...PETITIONER

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENry SIXTH DAY OF SEPTENNBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO:28676 OF 2025

Between:

ANO

The State of Telangana, Rep. by its Principal Secretary' Prohibition and Excise Department, Secetariate, Hyderabad.

The Deputy Commissioner of Prohibition and Excise, at Nalgonda, Nalgonda District.

3. The Station House Officer, Wadapally Police Station, Nalgonda District

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the in action of the 2nd respondent to release the Petitioner's black jaggery stock i.e. 21 0 bags of black iaggery (each bag contains around 49 kgs) total 10,2901- kgs of black jaggery value of worth Rs.

1,00,290/- seized in connection with Crime No. 14812O25 daled. 2710512025, on the file of the SHO, Wadapally Police Station, Nalgonda District' U/S.34(e) of TS

Excise Act, 1968 seized of my stock was being illegal, arbitrary and unjust also Article 14, 19, 21 and 300-A of the Constitution of lndia and consequently direct the 2nd respondent to release of the stock to the petitioner forthwith.

lA NO: 1 OF 2O25

Petition under section 151 cpc praying that in the c| crmstances stated in the affidavit filed in support of the petition, the High courr may be pteased to direct the 2nd respondent to rerease the petitioners black ,,lgery stock i.e. 210

bags of black jaggery (each bag contains around 49 kgs) totat 10,2901 kgs of black jaggery value of worth Rs. 1,OO,2gO/- seized in connr(:tion with Crime No.

14812025 dated. 2710512025, on the fite of the sHo, wac rpaily potice station, Nalgonda District, u/s 3a(e) of rS Excise Act, 1968 seized of my stock, pending disposal of the above writ petition.

Counsel for the Petitioner : SRI LAXMAIAH KANCHANI

Counsel for the Respondents: Gp FOR PROHIBITION & E)tClSE

The Court made the following: ORDER

THE HONOURABL!] SITI JUSI'ICE K. LAKSHMAN

WRIT PETITION No.2867 6of 2025

ORDEIT

[[card learned counscl fbr the petitioner and learned (iovemntcttt Plcacler lor Protribition and Excise appearlng on beha l t' o 1' rcspondent Nos' I and 2

2.

'l his r'vrit petition is filed to declare the action of respondent No.i irr seizins 210 bags olblack Jaggery' as illegal'

l.

the petitioner herein is ctaiming that he is the owncr of thc afbtesaitl btack jaggcly bags' The sanre were seized on 27'05'2025

in corrncction with Crime No l48 of 2025' pending betbre thc Wadapally Police Station, Nalgonda District' i'e'' respondent No'3'

Thc allcgations levelled against the petitioner is tl.rat he was transporting ttre said black Jaggery for the purposc ol rnartulacturing I D.liquor.

4.

'l'here is no dispute that the petitioner is the owner of thc goocls seizccl on2'7.05'2025 ln proof of the same' he has flled bills'

5.

Adrnittcdly, the seized rnaterial is ja1:r.,:ry, which is a perishable eood. -fherelore. retaining the I, r jd material with rcspondent No.l will nof scrvc any purpose

6.

Accordin-q to both the lealncd counsel fo the petitioner and learned Govcrnrncnt Plcader lor Prohibition and [rxcisc. the cost of the said goods is Rs .1. I l,(r00/-.

7.

In thc light of thc alorcsaid discussion, rr: wr.it petition is disposcd o1, dirccting responcle nt No.3 to r€1. ase the afbrcsaid goods to tll: pctitioner upon the petitioner fur r;hing a pcrsonal bond for a sunr o1'I{s.2,00,000/- and bank gua,rntee fbr the said amount.

Misccllaneor.rs applications, if any pcn,1ing, shalI stand closed S /.A. SRINIVASA REDDY

iSISTANT REGISTRAR

/iTRUE COPY//

To

'1SECTION OFFICER

1 . The Principal Secretary, Prohibition and Excise Depailr. ent, Secetariat, State of Telangana, HYderabad.

2. The Deputy Commissioner of Prohibition and Excise, 't Nalgonda, Nalgonda District.

TheStationHouseOfficer,WadapallyPoliceStation,'lalgondaDistrict'

One CC to SRI LAXMAIAH KANCHANI, Advocate. [ODtJC]

Two CCs to GP FOR PROHIBITION & EXCISE, High -:'rurt for the State of Telangana. [OLIT]

Two CD Copies.

BSK

BS

E

-l

HIGH COURT

DATED:2610912025