M.Raman v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11567 OF 2019 DATED:13.06.2019 Between:

M. Raman S/o.Kishan, Aged about 54 yrs, R/o.Suryanayak Tanda, Gangirenigudem, Sayampet Mandal, Warangal District.

.. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11567 OF 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: "....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 orders directing the 3rd respondent to release the petitioner's Tata Indica Vista Car bearing Reg.No.TS-24-A-5857 seized in C.O.R.No.10/2019, on the file of the 3rd respondent inspite of his readiness to furnish the third party surety, as being illegal, arbitrary and unjust and consequently direct the 2nd respondent to issue necessary orders for release the above said vehicle and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

2.

I have heard the submissions of Ms.Shakera Banu, learned counsel appearing for the petitioner, learned Government Pleader for Prohibition and Excise appearing for the respondents 1 & 2, and of the learned Government Pleader for Home appearing for the 3rd respondent. I have perused the material record. 3.

At the hearing, learned counsel appearing for the petitioner and the learned Government Pleaders appearing for the respondents are in agreement that the issue involved in the present writ petition is squarely covered by the order, dated 13.12.2017, of this Court in W.P.No.41520 of 2017. 4.

In view of the submissions and the earlier orders of this Court and for the reasons alike as were mentioned in the earlier orders of this Court in the afore-stated writ petition, this Writ Petition is also disposed of directing respondent No.2 to release the vehicle- Tata Indica Vista Car bearing Reg.No.TS-24-A-5857

to the petitioner for interim custody subject to the final orders to be passed in the criminal proceedings and on petitioner furnishing a Fixed Deposit Receipt for Rs.80,000/- (Rupees Eighty thousand only) from any nationalized bank in favour of respondent No.2 and also on production of original R.C. Book and on petitioner further giving an undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without changing its major parts and features and would produce the same as and when directed before any Court or competent authority. However, the confiscation proceedings may go on. Pending miscellaneous petitions, if any, shall stand closed.

_____________________ P. NAVEEN RAO, J 13th June, 2019 Rds