Lavudya Sammaiah v. The State Of Telangana,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 17523 OF 2019 Between:

Lavudya Sammaiah, S/o. Shevla Naik, aged about 30 years, Occ Driver, R/o. Anasanpalli, Mlalhar Rao Mandal, Jayashankar Bhupalpally District. ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad.

2. The Deputy Commissioner of Prohibition and Excise, Warangal Division.

3. The Station House officer Bhupalpally, Excise Police Station, Bhupalpally Jayashankar District.

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not releasing the TATA Xenon pick up bearing No. TS 13 UA"l43B seized in COR No.161/2019 in spite of my readiness to furnish the third-party surety, as being illegal, and arbitrary and consequently direct the 2nd respondent to release petitioner vehicle TATA Xenon pick up bearing No. TS 13 UA '1438, and to grant. lA NO: 1 OF 2019 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to release the TATA Xenon pick up bearing No. TS 13 UA 1438 seized in COR No.161/2019, pending disposal of the writ petition. Counsel for the Petitioner : SRI P. DEVENDER Counsel for the Respondents: GP FOR PROHIBITION AND EXCISE The Court made the following: ORDER

t HON'BLE SRI JUSTICE ABHINAND KL]MAR SI]AVILI W.P.No.17523 of 2019 RDER:

1.

Leamed counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to the petitioner to challenge the confiscation order dated 23.3.2021 before the appropriate authority in accordance with law. 2.

Permission is accorded and accordingly, the Writ Petition is dismissed as withdrarvn, however giving liberty to the petitioner to challenge the confiscation order dated 23.3.2021 before the appropriate authority in accordance with law. There shall be no order as to costs 3.

Miscellaneous Petitions pending, if any, shall stand dismissed. SD/.B.SATYAVATHI ASSISTANT EEGISTRAR Cto SECTION OFFICER To //TRUE COPY// One CC to Sri P. Devender, Advocate IOPUCI iil Caii" -GP for Prohibition and ExCise, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies One Spare CoPY W

HIGH COURT DATED:13/09/2021 /<.-.

1itc lJi t

ORDER

WP.No.17523 of 2019 IJ ( I llo V"- r04 ocl?0?1 t DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS ) jo