Busa Deva Raju , Basu Deva Raju v. The State Of Telangana

[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 3693 OF 2023 Between:

Busa Deva Raju @ Occ. Agriculture, Rl/o Basu Deva Raju, S/o. Lachaiah, Age. 41 years, H.No.2-8911 , Thumpally Village, Sirikonda Mandal, ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, Hyderabad.

2. The Tahsildar and Executive Magistrate, Sirikonda Mandal, Nizamabad

3. The Station House Officer, Prohibition and Excise Station, Bheemgal, ...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 a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS by declaring the action of the 2nd respondent issuing the impugned Notice in RC.No. C/69312O22, Daled 03.11.2022 in directing the petitioner to pay a penalty of Rs.2,00,0001 within 7 days as illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to law and set aside the impugned Notice in RC.No. C169312O22, DaIed 03.11.2022 issued by the 2nd respondent and consequently direct the respondents not to take any further action against the petitioner in the interest of .justice.

lA NO: 1 OF 2023 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 suspend the impugned Notice in RC.No. C169312O22, Dated 03.11.2022 issued by the 2nd respondent in the interest of Justice, pending disposal of the writ petition.

lA NO: 2 OF 2023 Between:

1. The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, Hyderabad.

2. The Station House Officer, Prohibition and Excise Station, Bheemgal, ...PETITIONERS/RESPONDENTS AND '1 . Busa Deva Raju @ Occ. Agriculture, Rl/o Basu Deva Raju, S/o. Lachaiah, Age- 41 years, H.No.2-89l1, Thumpally Village, Sirikonda Mandal, ...RESPONDENT/PETITIONER 2- The Tahsildar and Executive Magistrate, Sirikonda Mandal, Nizamabad ...RESPONDENT/RESPONDENT (Respondent No.2 is not necessary party to this petition) 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 vacate the interim order dl:O910212O23 passed in W.P.No.3693 of 2023 and dismiss the writ petition.

Counsel for the Petitioner: SRI S. SURENDER REDDY 2\ Counsel for the Respondents Nos.1 and 3: GP FOR PROHIBITION EXCISE Counsel for the Respondents No2. GP FOR REVENUE The Court made the following: ORDER

-78ry ../ THE HON'BLE SRI .IUSTICE C.V.BHASKAR REDDY WRIT PETITION NO.3693 OF 2023 ORDER:

This writ petition is filed challenging the impugned notice, dated 03.11.2022 issued by respondent No.2-Tahsildar and Mandal Executive Magistrate, Sirikonda Mandal, Nizamabad 2.

Heard learned counsel for the petitioner and learned Government Pleaders for Revenue and Prohibition and Excise for the respondents.

3.

Petitioner herein claims that he is an agriculturist by profession. On 29.08.2022, he was made to execute a bond of good behavior for an amount of Rs.2,O0,O0O/- 4.

While so, on 03.17.2022, a notice for forfeiture of bond of good behavior was issued by the second respondent alleging that petitioner committed breach of bond by involving in an offence under provisions of Telangana Excise Act, 1968. The basis of the said notice is letter addressed by the Prohibition I I and Excise Station, Bheemgal, Nizamabad District. 5.

From a reading of the impugned notice, it is seen that no prior opportunity was given to the petitioner to explain his stand before ordering forfeiture of the amount furnished by him

\arc earlier. That apart, the reason assigned for forfeiture is alteged involvement of the petitioner in a crime.

6.

Mere involvement in a crime would not itself constitute breach of bond furnished by the petitioner as it cannot be treated on par with conviction. Thus, on both counts, i.e., on facts and in law, the impugned notice dated O3.l1.2O22 is unsustainable. Further, it is brought to the notice of this Court that under similar circumstances, this Court allowed a batch of Writ Petitions.

7.

Accordingly, the impugned notice in RC.No.C/693 12022, dated O3. 1 1.2022 is set aside and the Writ Petition is allowed. 8.

However, it is made clear that this order would not preclude the authorities from proceeding in the matter in accordance with the principles of natural justice in future, if warrantecl. No order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

SD/. G. SIREESHA ASSISTANT REGISTRAR w'

SECTION OFFICER To, //TRUE COPYII The Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, The State of Telangana, Hyderabad. The Tahsildar and Executive Magistrate, Sirikonda Mandal, Nizamabad The Station House Officer, Prohibition and Excise Station, Bheemgal, One CC to Sri S. Surender Re-ddy, Advocate [OPUC] Two CCs to GP for Proh ibition'Excise, High Court for the State of Telangana, at Hyderabad [OUT] Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 7.

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I I HlGH COURT DATED:1610212024 {w l\Y C) a - :l,{

ORDER

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WP.No.3693 of 2023 \ r"i :-t i:- :

ALLOWING THE WRIT PETITION WITHOUT COSTS.

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