Thejavath Eeru v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15550 OF 2019 DATED :25.07.2019 Between :

Thejavath Eeru S/o.Bhikka, Aged about 40 yrs, R/o.Pedda thanda, Kuravi Mandal, Mahabubabad District.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15550 OF 2019 ORDER :

This Writ Petition is filed praying to direct the respondents to release the vehicle i.e., TATA ACE Auto bearing registration No.AP 20 TB 7318. Petitioner alleges that his vehicle was seized by the 3rd respondent on the allegation of illegal transportation of black jaggery.

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

3. The counsel on both sides state that the issue involved in this writ petition is covered by the decision of this Court in W.P.No.44088 of 2017, dated 26.12.2017.

4. Following the earlier orders of this Court, this Writ Petition is also disposed of, directing that the vehicle shall be handed over to the Deputy Commissioner-2nd respondent, who in turn, shall release the said vehicle to the petitioner, subject to final orders to be passed in the criminal proceedings, and on petitioner furnishing a fixed deposit of  30,000/- (Rupees Thirty thousand only) from any nationalized Bank in favour of 2nd respondent, and also on production of original RC Book and on petitioner further giving an undertaking that he will not transfer or alienate the vehicle to any third party in any manner and will maintain the vehicle in the same good road-worthy condition without changing its major parts and features, and would produce the same as and when directed to be produced before the competent authority. Further, this order

- 3 - does not come in the way of continuation of confiscation proceedings. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 25th July, 2019 Rds