Vijayanand Road Lines Ltd., v. The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT APPEAL NO.169 OF 2015 DATED: 17-03-2015 Between:
Vijayanand Road Lines Ltd.
.. Appellant And The Station House Officer, Prohibition & Excise Station, Saroornagar, R.R. District and others .. Respondents
THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT APPEAL NO.169 of 2015 JUDGMENT: (per Hon'ble Sri Justice Sanjay Kumar) This appeal, by the petitioner in W.P.No.15486 of 2007, calls in question the order dated 03.09.2014 passed by the learned Judge dismissing the said writ petition.
The issue that falls for consideration in this matter is whether the order dated 05.06.2007 passed by the Commissioner of Prohibition and Excise, Ranga Reddy Division, upholding the proceedings dated 16.06.2006 of the Deputy Commissioner of Prohibition and Excise, Ranga Reddy Division, whereby confiscation of the seized Ashok Leyland vehicle bearing No.AP 09V 9147 belonging to the appellant/writ petitioner was directed, on the ground that the said vehicle was involved in an excise offence is lawful or not. Admittedly, the subject vehicle was released on the appellant/writ petitioner furnishing a bank guarantee for the sum of Rs.5,00,000/- earlier. The validity of the said bank guarantee appears to have expired in the year 2004 and was not renewed thereafter. However, Sri Mohd.
Ghulam Hussain, learned counsel for the appellant/writ petitioner, states that the custody of the subject vehicle is still with his client and that no action has been taken by the respondent authorities despite passing of the confiscation order as long back as in the year 2006.
petitioner to a further statutory appeal.
Given the peculiar facts and circumstances of this case, we direct the appellant/writ petitioner to deposit the sum of Rs.5,00,000/- (Rupees five lakhs only) with the second respondent within four weeks from the date of receipt of a copy of this order. Upon such deposit being made, the confiscation order dated 16.06.2006 passed by the Deputy Commissioner of Prohibition and Excise, Ranga Reddy Division, confirmed in appeal by the Commissioner of Prohibition and Excise, Ranga Reddy Division, on 05.06.2007 shall stand set aside. This order is being passed in view of the fact that the confiscation order has not been given effect to for all these years and this order shall not be treated as a precedent, as no principle of law has been decided. The writ appeal is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
______________________ K.J. SENGUPTA, CJ _____________________ SANJAY KUMAR, J 17-03-2015 Note: Issue C.C. in two days.
B/o Svv (112) HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
WRIT APPELLANT NO.169 of 2015 _____________________________________________________ (Judgment of the Division Bench delivered by Hon'ble Sri Justice Sanjay Kumar) 17-03-2015