Marka Vasantha Kumari v. The State Of Telangana And 2 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13720 OF 2019 Dated:08.07.2019 Between:

Marka Vasantha Kumari, W/o. Parandham, Aged 45 years, Occ: Business, R/o.H.No.7-2-853, Mankamma Thota, Karimnagar, Karimnagar District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13720 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Prohibition and Excise. 2.

The present Writ Petition came to be filed declaring the action of respondent No.2 in not releasing the petitioner's vehicle i.e., Santro ECO GLS bearing No.AP 15AT 5445 in F.I.R.No.145 of 2019, as illegal and arbitrary.

3.

When the matter is taken up for hearing, it is brought to the notice of this Court that the issue involved in this Writ Petition is squarely covered by the order dated 26.12.2017 passed in W.P.No.44088 of 2017. A copy of the said order is placed on record.

4.

In view of the above and the earlier order passed by this Court in W.P.No.44088 of 2017 dated 26.12.2017 and for the reasons alike, this Writ Petition is disposed of directing the petitioner to make an application before the 2nd respondent - Deputy Commissioner, Prohibition and Excise, Karimnagar, seeking release of the vehicle bearing No.AP 15AT 5445 enclosing thereto a fixed deposit receipt for the value of Rs.1,00,000/- from any nationalized bank and on such application being made, the interim custody of the vehicle shall be handed over to the petitioner on production of original R.C. Book and on petitioner further giving an undertaking that she shall not transfer or alienate the vehicle to third party in any manner, shall not encumber or alter the physical features of the vehicle and would

produce the same as and when directed before any Court or competent authority till the criminal proceedings are completed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.07.2019 KH