Daravathu Bujji v. The State Of Telangana
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRlT PETITION NO: 2345 OF 202s Between:
Daravathu Buj.ii, D/o. Dhulya, Aged 40 years, Rl/o Thanda, Ashok Nagar, Warangal Rural - 5061 32 H.No. 1 1-79, Chilakamma ...PETITIONER AND 1 . The State of Telangana, Rep. by its Principal Secretary Prohibition and Excise Department, Secretariat, Hyderabad.
2. The Commissioner of Prohibition and Excise, Abkari Bhavan, IV'J Rd, Chandra Vihar, Old Kattal [/andi, Nampally, Hyderabad' Telangana 500001
3. The Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal District.
4. The Strtion House Officer, Prohibition and Excise Station, Thorrur, It'4ahabubabad District ...RES'.NDENTS Petition under Article 226 oi the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the respondents in seizing the petitioner's Two Wheeler Vehicle of the petitioner Pulsar 125 DTS-I CBS BSIV Motor Cycle, bearing Registration No. TS24D0285, Engine No. DHYWLK03434, Chassis No. MD2B64BY4LWKO41O4, on the ground of the accused carrying lD Liquor in connection with COR No. 49612024, dated 21.08.2024, as highly illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to release the seized vehicle of the petitioner TATA HGV LPT 4830 BSVI 10X2, bearing Registration No. CG0BAY4477.
lA NO: 1 OF 202s 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 to forthwith release the seized vehicle of the petitioner Two Wheeler Vehicle of the petitioner Pulsar 125 DTS-I CBS BSIV lvloto r Cycle, bearing Registration No. TS24D0285, Engine No. DHYWLK03434, Chassis No. MD2864BY4LWKO4104, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAMESH KADARI Counsel for the Respondent Nos.'l TO 3: M/s. G.SHILPA, AGP FOR PROHIBITION EXCISE Counsel for the Respondent No.4: SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER
l HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION N0.2345 0F 2025 ORDER:
This writ petition is filed by the petitioner seeking to declare the '
i action of the respondent authorities in seizing her two wheeler vehicle l i.e., Pulsar 125 DTS-1 CBS BSIV motor cycle bearing registration tl No.TS 24 D 0285 in connection with C.O.R.No.496 of 2024 of Prohibition and Excise Station, Thorrur, as arbitrary and in violation of principles of natural justice, and sought for a consequential direction to the respondents to release her seized vehicle i.e., TATA HGV LpT 4830 BSVI 10X2 bearing registration No.CG0BAy4477.
2. Heard [Mr. Ramesh Kadari, learned counsel for the petitioner, Ms. G. Shilpa, learned Assistant Government pleader for prohibition and Excise, and Mr. N4, Srinivas, learned Assistant Government :
Pleader for Home, and perused the material available on record.
3. Learned counsel for the petitioner submitted that the vehicle of the petitioner seized is Pulsar 125 DTS-I CBS BSIV motor vehicle \ bearing registration No. TS 24 D 0285, but in the consequential relief sought in the writ petition, due to inadvertence, the vehicle of the petitioner is wrongly mentioned as TATA HGV LPT 4830 BSVI 10X2.
4. Learned Assistant Government Pleader for prohibition and Excise submitted that the writ petition is not maintainable as the '
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) confiscation order was already passed by respondent No.3 - Deputy commissioner of Prohibition and Excise, warangal Division, by order dated21.1o.2024inCR.No'747/20241P&E1B4.Thepetitioner challenged the confiscation order by filing appeal on 20.11 .2024 before respondent No.2 - Commissioner of Prohibition and Excise' and the said appeal is Pending.
5. As confiscation order was already passed' the question of the petitioner filing the present writ petition challenging the seizure of her vehicle would not arise. Thus, the writ petition is not maintainable and the same is, accordingly, dismissed. The petitioner is granted liberty to pursue appeal said to have been filed by her challenging the confiscation order dated 21 .10.2024. The appeal so filed shall be disposedofbyrespondentNo.2withinaperiodoffour(4)weeksfrom the date of receipt of a copy of this order- No order as to costs' As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
SD/-V,KAVITHA ASSISTANT REGISTRAR //TRUE COPY// R@...
IJECTION OFFICER To
1. One CC to SRI RAII/ESH KADARI, Advocate [OPUC]
2. Two CCs to GP FOR PROHIBITION EXCISE, High Court for the State of Telangana, at Hyderabad. [OUT]
3. Two CCs to GP FOR HOIVE, High Court forthe State of Telangana, at Hyderabad. [OUT]
4. Two CD Copies PSK.
GJP ,/
HIGH COURT DATED:28lCI112025 :\ { o r4 s ^\s.
a.
ORDER
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WP.No.2345 of 2025 _c (.
c .9) DISMISSING THE WRIT PETITION WITHOUT COSTS g /z 3o ,/4 /11