Bairu Ramalingaiah v. The State Of Telangana And Another

H,GH COURI FOR THE ST rrrii,i,'6,1gt ffi J,.ng"",flf Ar Hy D E RAB AD TUESDAY, THE TWE^ rw o ry i,i iillfll r# : Di!tr ;o[ N o v E B E R ^/t PRESENI THE HONOURABLE SRIJUSTICE B, VIJAYSEN REDDY WRIT PETITION NO:2 6752 0F 2021 Between:

Bairu Ramalinga.iah, S/o S_aidulu, Aged 35 years, Occ: Owner of the Lorry, R/o Peruru (V), Anumula (M), Nalgonda DiStrict. .,,PETITIONER AND

1. The State of Telangana, Rep. by Principal Secretary, Home Department, Secretariat, Hyderabad.

2. The Station House Officer, P.S. Peddavoora, Nalgonda District.

3. The Joint Collector, Nalgonda District at Nalgonda District. (R-3 is impleaded as per Court Order, dated 23.0'1 1.2021 in l.A.No.2 ot 2021.) ,..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 Writ or Direction preferably Writ of Mandamus, declaring the action of the respondent no.2 in seizing the vehicle of the petitioner i.e. vehicle bearing no.TS 05UD-9987 make of Ashok Leyland (Goods Caniage LMV) as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondent no.2 to release the vehicle in favour of the petitioner. lA NO: 1 OF 2021 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 no.2 to release the vehicle bearing no.TS 05UD-9987 make of Ashok Leyland (Goods Carriage LMV) in favour of the petitioner, pending disposal of the writ petition.

Counsel for the Petitioner: SRl. M.V. HANUMANTHA RAO Counsel forthe Respondent Nos.1 & 2: GP FOR HOME Counsel forthe Respondent No.3: GP FOR REVENUE The Court made the following: ORDER

I THE I.IOI\.BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION 0.26752 of 2O2L ORDER:

This writ petition is filed to declare the action of the respondent No.2 in seizing the vehicle of the petitioner bearing No.TS 05 UD 9987 as illegal and arbitrary and for consequential direction to the respondent No.2 to release the vehicle.

2.

The petitioner claims to be the owner of the vehicle. The vehicle is stated to have been seized when the driver of the vehicle was Found transporting PDS rice in contravention of the provisions of the Essential Commodities Act. He further stated that he is no way responsible for the alleged acts committed by the driver and the vehicle was illegally seized, It is further stated that there is likelihood of damage to the vehicle iF it is kept idle.

3, In the circumstances, the writ petition is disposed of directing the respondent No.3 to release the vehicle bearing No.TS 05 UD 9987 subject to the petitioner furnishing bank guarantee for a sum of Rs.1,00,000/- (Rupees One Lakh only). The vehicle shall be released on petitioner producing the proof of ownership and registration certificate of the vehicle. However, the petitioner shall not alienate or alter the nature of the vehicle. The release of the vehicle shall be subject to the confiscation proceedings that would be initiated by the respondent No.3.

The writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed, There shall be no order as to costs. SD/.T.KRISHNA KUMAR ASSISTANT REGISTRA //TRUE COPY// SECTION OFFICER To, '1 . The Station House Officer, P.S. Peddavoora, Nalgonda District.

2. The Joint Collector, Nalgonda District at Nalgonda District.

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HIGH COURT DATED:2311112021 1ti9 SI4 ( .?

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ORDER

02 DEC202| W.P.No.26752 ot 2021 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS .:

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