Samala Hariprasad v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Samala Hariprasad, s/o. Chandraiah, Aged about 47 years, occu:Business, M/s Hari Prasad Traders & Jaggery Merchants, Amangal, Ranga Reddy dist.

.....Petitioner And The State of Telangana, rep.by its Prl.Secretary, Revenue (Excise Department), Secretariat, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Challenge in this writ petition is to the 'Notice for Forfeiture of Bond for Good Behavior' dated 09.07.2019 issued by the Tahsildar, Amangal Mandal, Ranga Reddy district, whereby the Tahsildar directed payment of penalty of  1.00 lakh or called upon the petitioner to show cause as to why he should not be subjected to imprisonment.

2.

The basis for the impugned notice is the finding of the Tahsildar that, having offered to maintain good behavior for a period of one year, the petitioner committed a breach inasmuch as a case in Crime No.21 of 2019 was registered by the Prohibition & Excise Station, Amangal against him under Section 34(e) of A.P.Excise Act, 1968. The impugned notice reflects that the petitioner was not given an opportunity to explain his stand before the penalty was imposed. That apart, mere institution of a criminal case against him would not, by itself, constitute breach of the bond furnished by him as it cannot be treated on par with conviction. Thus, on both these counts, the impugned notice dated nil, is unsustainable on facts and in law. 3.

The Writ Petition is accordingly allowed setting aside the impugned notice dated 09.07.2019. It is, however, 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 warranted. Pending miscellaneous petitions, if any, shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm