Smt. B.Suguna v. The State Of Telangana,
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 32794 OF 2022 Between:
Smt. B.Suguna, Wo Thirupathi, aged 35 years, Occ : Housewife, Fl/o Boinpet village I\ilanthani [V1andal, Peddapalli District.
,..PETITIONER AND
1. The State of Telangana, rep. by its Principal Secretary, Revenue (Excise Department), Secretariat, Hyderabad.
2. The Tahsildar and Executive Magistrate, Manthani Mandal, Peddapalli
3. The Station House Officer, Manthani Proh. and Excise Station, Peddapalli
4. The Superintendent, District Jail, Karimnagar. .,.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 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 Warrant in M.C.No. Cl03l2O22 dl. 27-4-2022 directing to 3rd respondent to take the husband of the petitioner viz., Boggula Thirupathi into custody alleging breach of conditions of bond executed on 5-12-2015 and nonpayment of the security amount of Rs.1 ,00,000/- and to send him to prison until such bond period expires is highly arbitrary, bad and illegal, and consequently set aside the same.
l.A.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 pass orders directing the 2nd respondent to issue orders for release of the husband of the petitioner viz., Boggula Thirupathi who is presently lodged in District Jail, Karimnagar, by suspending the Warrant issued by the 2nd respondent in M.C.No. C10312022 dt.,27-4-2022, pending disposal of the main writ petition.
Counsel for the Petitioner : SRI.N.HARI PRASAD Counsel for the Respondents : GP FOR REVENUE / G.P FOR PROH AND EXCISE The Court made the following ORDER
THE HON'BLI) SRI JUSTICE MUMMINENI SUDHEER KUMAR UIRIT PETITION No.32794 of 2O22 ORDER:
Heard learned counsel for the petitioner, learned Assistant Gcvernment Pleader for Revenue and learned Government F'leader for Prohibition and Excise' 2.
This writ petition is filed by the petitioner on behalf of her husband, wht is a coolie by profession. On O4'O4'2O22 he was made to exe()ute a bond of good behaviour for an amount of Rs. 1,00,000/ - 3.
While so, on 27.04.2O22, a notice for forfeiture of bond of good behaviour was issued by respondent No'2 alleging that the husband ol the 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 'ry the Prohibition and Excise Station, Peddapalli :I I 4.
Prom a reading of the impugned notice/warrant, it is seen that no pr ior opportunity was given to the husband of the petitioner lo explain his stand before ordering forfeiture of the amount ftrrnished by him earlier. That apart, the reason
a assigned for forfeiture is alleged involvement of the husband of the petitioner in a crime.
5.
Mere involvement in a crime would not itself constitute breach of bond furnished by lhe husband of the petitioner as it cannot be treated on par with conviction. Thus, on both counts, i.e., on facts and in law, the impugned notice/warrant dated 27 .O4.2022 is unsustainable.
6.
Accordingly, the impugned notice/warrant is set aside and the writ petition is allowed. Respondent No.4 is directed to forthwith release the husband of the petitioner from the District Jail, Karimnagar.
7 .
However, it is made clear that this order would not preclude the authorities to proceed with the matter in future in accordance with law, if warrants.
Miscellaneous PetiLions, if any, pending in this writ petition shall stand closed.
SD/-T.SRINIVAS DEPUTY REGISTRAR ( ri''
SECTION OFFICER //TRUE COPY// To I The Principal Secretary, Revenue (Excise Department), Secretariat, State of Telangana at Hyderabad.
The Tahsildar and Executive Magistrate, Manthani Mandal, Peddapalli The Station House Officer, Manthani Proh. and Excise Station, Peddapalli The Superintendent, District Jail, Karimnagar. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR PROHIBITION AND EXCISE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI.N.HARI PRASAD, Advocate [OPUC] T,rr^ t" l-r /-^^iac I - ?
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HIGH COURT DATED:22108t2022
ORDER
2 5 AljB 2C??
WP.No.3279tl of 2022 ALLOWING THE W.P WITHOUT COSTS.
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