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High Court for State of TelanganaWP/34057/2017disposed of no costs

Chittampally Prakash S/O Rajaiah v. The State Of Telangana Rep By Its Principle Secretary

2017-10-11A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.34057 of 2017 ORDER:

The petitioner claims to be the owner of Innova vehicle bearing No.AP 29 AL 0369. When it was involved in a forest offence, it was seized on 12.03.2017. Now an order of confiscation was passed by the third respondent on 09.08.2017 confiscating the said vehicle and the petitioner filed an appeal before the second respondent on 29.08.2017. When the second respondent did not pass any order on the application for release of the vehicle, the present Writ Petition is filed. It is apparent from the record that the vehicle was seized six months back and the continuous detention of the vehicle is not in the interest of the respondents or the petitioner. Since the confiscation order is passed, the vehicle can be ordered to be released on the petitioner furnishing a bank guarantee for a sum of Rs.3,00,000/- (Rupees three lakhs only) and with an undertaking that he shall not alienate and insure the vehicle during the pendency of the appeal before the second respondent.

In the circumstances, this Writ Petition is disposed of directing the third respondent to release the vehicle pending disposal of the appeal before the second respondent on the petitioner furnishing a bank guarantee for a sum of Rs.3,00,000/- (Rupees three lakhs only) and furnishing an

undertaking that he shall not alienate the vehicle and produce the same as and when demanded by the third respondent and also insure the vehicle against any damage or accident. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 11.10.2017 Note: Issue C.C by tomorrow.

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