Smt. Chanda Radhika, v. The State Of Telangana,
[ 3304 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) '
WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT TI-IE HONOURABLE SRI JUSTICE hIAMAVARAPU RAJESHWAR RAO WRIT PETITION t{O: 19596 AF 2026 Between:
Smt. Chanda Radhika, W/o. Chanda Shiva Kumar, Aged about 56 years, Owner of Premises bearing H.No. 66-6-4/137, Situated at Stambhampally, Warangal District, Telangana State.
...PETITIONER AND
1. The State of Telangana, rep. by its Principal Secretary, Revenue (Excise) Secretariat, Hyderabad.
2. The Deputy Commissioner of Proh. and Excise, Warangal Division, Warangal District
3. The Station House Officer, Parvathagiri Police Station, Warangal District. RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondent Nos.2 and 3 in removing/taking away the confiscated stocks of '12,886 kgs of Black Jaggery from the Petitioner's premises bearing H.No. 66-6-4/137, Stambhampally, Warangal District, even after lapse of more two years of passing of the confiscation order dated 3010312024, inspite of the repeated personal visits, as being illegal, arbitrary, unjust and unconstitutional, and consequently direct the respondent Nos.
2 and 3 herein to forthwith remove/take away the confiscated stocks from the above said premises. l.A. NO: 1OF 2026 Petition under Section 151 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 respondent Nos.
premises bearing H.No. 66-6-4/137, Stambhampally, Warangal District, to the Petitioner immediately upon removal of the confiscated goods, pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI ARVAPALLI SHIVA SAI NATH Counsel for the Respondent No.1 & 2: SRI VISHAL KUMAR, ASST. GP FOR PROHIBITION & EXCISE Counsel forthe Respondent No.3: GP FOR HOME The Court made the follovring: ORDER
I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO DATE: 24.06.2026 WRIT PETITION o.19595 OF 2026 Between:
Smt. Chanda Radhika
...Petitioner
AND The State of Telangana, rep. by its Principal Secretary, Revenue (Excise) Secretariat, Hyderabad and 2 others.
...Respondents
ORDER
This Writ Petition is filed to declare the inaction of respondent Nos.2 and 3 in removing/taking away the confiscated stock of 12,886 kgs of Black Jaggery from the petitioner's premises bearing H.No.66-6-41137, Stambhampally, Warangal District, even after lapse of more two years of passing of the confiscation order dated 30.03.2024 and repeated personal visits made by the petitioner/ as illegal and arbitrary.
2.
Heard Mr. Arvapalli Shiva Sai Nath, learned counsel for the petitioner and Mr. Vishal Kumar, learned Assistant Government
Pleader for Prohibition and Excise appearing for respondent Nos.1 and 2. Perused the material available on record. 3.
Learned counsel for the petitioner submits that the petitioner is the owner of the premises bearing H.No.66-6-41137 situated at Stambhampally, Warangal District, Telangana State, wherein a jaggery trading shop was being operated in the ordinary course of business, In October, 2023, the 3'd respondent conducted a surprise inspection of the petitioner's premises and registered FIR No.63 of 2023 for the alleged offences under Section 7(A) read with Section 8(e) of the Telangana State Prohibition Act, 1995, Section 34(e) of the Telangana State Excise Act, 1968 read with Section 46 thereof. During the said inspection, approximately 12,886 kgs of Black Jaggery was seized from the petitioner's premises. 4.
Learned counsel for the petitioner further submits that the 2nd respondent passed a confiscation order dated 30,03.2024 in C.R.No.7Bl2024/Pe/86 under the provisions of the Telangana State Prohibition Act, 1995 and the Telangana State Excise Act, 1968, whereby the seized stock of 12,886 kgs of Black Jaggery was ordered to be confiscated to the State. However, despite the confiscation order and the vesting of the seized stock in the State, the respondents have not removed or taken physical possession of the confiscated stock from the petitioner,s premises till date.
J 5.
Learned counsel for the petitioner submits that the continued retention of the confiscated stock in the petitioneds premises has caused severe hardship and prejudice, as the petitioner is unable to use or occupy her premises for any lawful commercial or personal purpose and has been prevented from carrying on any business activity, resulting in loss of livelihood. The petitioner is also compelled to bear storage-related liabilities, structural risks and maintenance burdens on account of the continued occupation of the premises by the confiscated goods. Despite repeated requests made to the 2nd and 3'd respondents to remove the confiscated stock and hand over vacant possession of the premises, no action has been ta ken.
6.
Learned Assistant Government Pleader for Prohibition and Excise appearing for respondent Nos.1 and 2 seeks four (04) weeks' time for removing the confiscated stock of Black Jaggery from the petitioner's premises.
7.
Having considered the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, the respondent authorities are directed to remove the confiscated stock of 12,886 kgs of Black Jaggery from the petitioner's premises bearing H. No.66-6-41137, Stambhampally, Warangal District, within a period of four (04) weeks from the date
of receipt of a copy of this order. In the event of failure on the part of the respondent authorities to remove the said.stock within the stipulated period, the respondents shall pay an amount of Rs.3,000/- (Rupees Three Thousand only) per day to the petitioner from the expiry of the said period until such removal is effected. 8.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed. SD/- A.H.S.GOWRI SHANKAR AS ANT REGISTRAR //TRUE COPY// SECTION OFT:ICER To,
1. The Principal Secretary, Revenue (Excise) The State of Telangana' Secretariat, HYderabad.
2. il; Deputy iommissioner of proh. & Excise, warangal Division, warangal District TheStationHouseofficer,ParvathagiriPoliceStation,.WarangalDistrict. O," C.: to SI?I ARVAPALLI SHIVA SAI NATH, AdVOCAIE [OPUC] i"ro CCu to GP FOR Pq,OHlBlTlON & EXCISE, High Court for the Stater of Telangana, at Hyderabad [OUT] r*o ctr to GP FOR HOME, High Court for the State of Telangana' [OUT] Two CD Copies BN b-
CC TODAY HIGH COURT D,ATED: 2414il2026
ORDER
1HE SI4 o ( WF.No.19596 ot 2026 .(.
({ 2 5 JUil 2026 \\r^ * * c r.r--O FS; ,ATC DISPOSING OF THE WRIT PETITION WITHOUT COSTS @r t al- €