Smt. Kamsani Sandhya v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.20950 of 2018 ORDER:

The petitioner is challenging the action of respondents to in seizing the house bearing No.H.No.2-100/1,Thangallapally Village, Sircilla, Rajanna Sircilla District belonging to her purportedly acting under Section 18 of the Immoral Traffic (Prevention) Act, 1956 (for short "the Act"). Learned Assistant Government Pleader for Home produced written instructions produced on behalf of the 3rd respondentRevenue Divisional Officer and other respondents stating that basing on the credible information, the police have raided the subject house and seized the same on 19-06-2018. The allegation of the petitioner is that her house was seized without issuing notice to her, which is in violation of provisions of Section 18 of the Act, which mandates issuance of show-cause notice before seizing the house.

Learned Assistant Government Pleader for Revenue produced a copy the proceedings of the Revenue Divisional Officer, dated 11-06-2018, which also does not indicate the issuance of notice to the petitioner before ordering the seizure of her house. In view of the same, only on the ground of violation of principles of natural justice, the action of respondents 2 to 5 in seizing the house of the petitioner without notice is declared as illegal and same is set aside.

Accordingly, the writ petition is allowed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 27-06-2018 Nvl