Telangana High Court
WP/28679/2025 of Bonthu Venkataiah Narsaiah Vs The State of Telangana on 22 September 2025
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 28679 OF 2025 Between: Bonthu Venkataiah Narsaiah, S/o. Narayana, Age 48
[ 31681
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 28679 OF 2025
Between:
Bonthu Venkataiah Narsaiah, S/o. Narayana, Age 48 years, Occ ;Owner of Vehicle AP 04 TW 7619, FUo. 2-81, Near Ramalayam Temple, Rudravaram, Nandigama, NTR District, Andhra Pradesh.
.....PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Department, Secretariat, Hyderabad.
2. The Deputy Commissioner of Prohibition and Excise, Warangal District, Wara ngal.
3. The Station House Officer, Mahabubabad (R) Police Station, Mahabubabad District.
.T .....RESPONDENTS
Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stdted 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 action of the 2nd respondent in not passing/d irecting the 3rd respondent to release the Lorry bearlng No. AP 04 TW
7619, seized in FIR No. 157 o'f 2025, daled. 17 .O7 .2025seized of petitioner's vehicle was being illegal, arbitrary and unjust also Article 14, 19,21 and 300-4 of the Constitution of lndia and consequently direct the 2nd respondent to order for release of the vehicle to the petitioner.
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l.A.NO:1 OF 2025
Petition Under Section 151 CpC praying that in the crr umstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the 2nd respondent herein to issue orders directing r e 3rd respondent to release the Lorry bearing No. Ap 04 TW 7619, seized in : R No. 157 ol 2025, dated. 17.07.2025, pending disposal of the above writ petitior Counsel for the petitioner : SRI RAMULU PASUPULA
Counsel for the Respondent Nos.1 & 2 : Gp FOR pROHlBl.t_l f N AND EXCISE
Counsel for the Respondent No.3 : Gp FOR HOME
The Court made the followini ORDER
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.286 79 of2025
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ORDER:
Heard leamed counsel for petitioner and learned Assistant Govemment Pleaders fbr Prohibition and Excise and Home
2. Petitioner is claiming that he is the absolute owner and possessor of lony bearing No.AP04 TW 76 19. In proof of the saure, he has filed a copy of registration certificate of the sanrc
3. Perusal of the record would reveal that the subject '"'ehicle was seized in connection with Crime No.l57 of 2025, dated 17.07.2025 of respondent No.3 - Police. The driver ol the said vehicle is an accused in the said crime. The ofl'enccs alleged against accused are Sections 34(E) TSEA, 7(A) read with S(E) TSPA. The allegations are that they have transporled 12,500 kgs. of black jaggery, 500 kgs. of Alurn. and 40 liters of ID liquor. The subject vehicle is in the Police Station of 3'd respondent ancl subjected to Sun and rain.
K $ P N"o 2tla)79 ot 202 Thcrcforc, petitioner fited the present Writ Pe lition seeking a direction tu lcspoudents to release the subject r:hicle.
4. Lcarned Assistant Government Pleadc' tbr Prohibition and Excisc has produced written iustructiotLr of respondent No.2 stating that respondent No.2 has rlready passed conf iscation orders in Cr.No.863/20251'yElB7, dated 12.0ti.202-5. Petitioner has to prefer an ap real betirrc the Appellate Authority in terms of Section 46(c ) of thc Excise Act and Section l3(c) of the Prohibition Act, i.c the Corn rn iss ioncr
5. A copy ol' l.he said written instructionr; along with the contlscation order is placed on r-ecord. A copy of confiscation ordcr is also furnished to lealned counsel for he petitioner to seek libcrty to prcfcr an appcal before the Appr llatc Authority
6. In thc liglrt of the said discussion, this Mrit Petition is disposed ol-granting liberLy to petitioner to r-efer an appeal challcnging the said confiscation order of rr spondent No.2 befbre l.he Appcllatc Autirority and l so seek for \
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KL,.] \r' l' \o 24679 o,2025 To SA GJP rolcasc/interirn custody ol the subject vehicle by Iiling appropriatc application. Thereupon, it is for the Appellate Authority to consider and decide the same strictly tn accordance with law. There shall bc no order as to costs Miscellaneous applications, if any pending, shall stand closcd. SD/-G, JYO ASSIS ANT RE AR //TRUE COPY// CTION OFFICER
1. The Principal Secretary, Prohibition and Excise Depa State of Telangana at Hyderabad. n , Secretariat,
2. The Deputy Commissioner of Prohibition and Excise, Warangal District, Warangal.
3. The Station House Officer, Mahabubabad (R) Police Station, Mahabubabad District.
4. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]
5. Two CCs to GP FOR PROHIBITION AND EXCISE, High Court for the State of Telangana at Hyderabad. [OUT]
6. one cC to SRI RAttluru PASUPoLA, Advocate [OPUC] 'l
7. Two CD Copies o
\ I HIGH COURT DATED:2210912025
ORDER
WP.No.28679 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. Nr 1g: .n \i - r\i t ',ffi .+/ \.-;, . t-',/ ,{