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High Court for State of TelanganaWP/13181/2019disposed of no costs

Battu Rajashekar v. State Of Telangana

2019-07-01P Naveen Rao3 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.13181 OF 2019 Between:

Battu Rajashekar, s/o. Pochaiah, Aged 22 years, r/o. H.No.8-19/1, Nachupalli village, Kodimial Mandal, Jagtial District.

.....Petitioner and State of Telangana, rep.by its Commissioner, Prohibition & Excise Department, Opp: Exhibition Grounds, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.13181 OF 2019 ORDER:

Petitioner claims that he is the owner of two wheeler Glamour vehicle bearing Registration No.TS-21-B-5450. Said vehicle was seized on the allegation of violation of provisions of Telangana Excise Act. Petitioner earlier moved application before the II Additional Judicial Magistrate of First Class at Jagtial to release the vehicle, as vehicle was seized by the Sub-Inspector of Police, P.S. Mallial, and placed the vehicle in the custody of the Court. The learned Magistrate by order dated 02.01.2019 made in Crl.M.P.No.2357 of 2018 in Crime No.207 of 2018 of P.S. Mallial, while observing that he has no jurisdiction to entertain the application to release the vehicle, directed the Station House Officer to take return of the vehicle from that Court and produce the same before the Deputy Commissioner of Prohibition and Excise. Consequent to the above orders, petitioner filed petition before the Deputy Commissioner of Prohibition and Excise on 26.02.2019 to release the vehicle. Alleging inaction on the said petition, this Writ Petition is filed.

2.

Since the Deputy Commissioner of Prohibition and Excise has also acknowledged the receipt of the petition to release the vehicle on 26.02.2019, he is directed to consider the said petition and pass appropriate orders as expeditiously as possible, preferably within a period of two weeks from the date of receipt of copy of this order. Writ Petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.13181 OF 2019 kkm