Bhukya Naveen v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 32165 OF 2022 Between:

Bhukya Naveen, S/o. Dev, Age.24 Years, Occ.Coolie, R/o. Seetal Thanda Village, Mahabubabad Mandal and District.

...PETITIONER i AND I The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The Mandal Executive Mahabubabad District.

Magistrate-cum Tahasildar, at Mahabubabad,

3. The Station House Officer, Prohibition and Excise Station, At Mahabubabad, Mahabubabad Diskict.

...RESPONDENTS Petition under Article 226 ol the 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 action of the 2nd Respondent in issuing the impugned Notice in M.C. No. gOl2O22, Dated.10-05-2022 (issued on 16-05-2022) directing the petitioner herein to pay a penalty of Rs. 2,00,000/- within 3 days as being arbitrary, illegal, bad in Law, and consequently set aside the same

lA NO: 1 OF 2022 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 grant stay of all further proceedings in M.C. No. 9012022, Dated.10-05- 2022 (issued on 16-05-2022) issued by the 2nd Respondent, pending disposal of the main Writ Petition.

Counsel for the Petitioner: SRI LAXMAIAH KANCHANI Counsel for the Respondent Nos. 1 & 2: AGP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER I

a'

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.32165 of 2022 ORDER:

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Government Pleader for Prohibition and Excise. 2.

Petitioner herein claims that he is a coolie by profession. On 10.O5.2022 he was made to execute a bond of good behaviour for an amount of Rs.2,00,O0O/-.

3.

While so, on 76.05.2022, a notice for forfeiture of bond of good behaviour was issued by respondent No.2 alleging that petitioner committed breach of bond by involving in an offence under the provisions of the Prohibition and Excise Act, 1955. The basis of the said notice is letter addressed by the Prohibition and Excise Station, Mahabubabad, Mahabubabad District.

4.

From a reading of the impugned notice, it is seen that no prior opportunity was given to the petitioner to explain his stand before ordering forfeiture of the amount furnished by him earlier. That apart, the reason assigned for forfeiture is alleged involvement of the petitioner in a crime.

5.

Mere involvement in a crime would not itself constitute breach of bond furnished by the petitioner as it cannot be treated on par with conviction. Thus, on both counts, i.e., on facts and in 1aw, the impugned notice dated 76.05.2022 is unsustainabie.

5.

Accordingly, the impugned notice is set aside and the r,"'rit petition is allowed.

7.

However, it is made clear that this order would not precludc the authorities to proceed with the matter in future in accordance with law, if warrants Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

/ SD/- K. ONESIM DEPUTY.REGISTRAR //TRUE COPY/I ( Ut SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2 The Mandal' Executive Magistrate-cum Tahasildar, at Mahabubabad, Mahabubabad District.

3. The Station House Officer, Prohibition and Excise Station, At Mahabubabad, Mahabubabad District.

4. One CC to SRI LAXMAIAH KANCHANI, Advocate [OPUC]

5. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

6. Tri;ro CCs tb GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies.

B. One Spare Copy\y MP GJP

HIGH COURT DATED:1110812022

ORDER

[ 2 SEP 2tl3WP.No.32165 ot 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS o n/