Banothu Ramesh v. The State Of Telangana
t HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 35433 OF 2022 Between:
Banothu Ramesh, S/o Lachiram Aged about. 26years,Caste S.T.Lambada, Occ. Cooli, R:/o. Patha Donabandathanda (V), Peddavedu Post, Mattam Pally (M), Nalgonda Dist, Telangana State.
...'ET'T.ONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
The Executive Magistrate-cum-Tahsildar, Mattampally Mandal, Nalgonda District.
The Station House Officer, Huzurnagar, Prohibition and Excise Station, Huzurnagar' Nalgonda District ...RES'.NDENTS 2.
3.
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 declarrng the order passed by the 2nd Respondent 241812022 directing the petitioner to pay a Penalty of Rs.2,00,000 and in default of paying the said amount adjudging the petitioner from imprisonment until such bond period is highly arbitrary, lllegal, bad and illegal and consequently set aside the same and to grant. 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 pursuant to the Notice bf forfeiture. issued by the 2nd respondent Daled.2410812022 issued by the 2nd respondent, Pending Disposal of the main Writ petition.
Counsel for the Petitioner: SRI KISHAN BHUKYA Counsel for the Respondent Nos.1 & 2: AGP FOR REVENUE Counsel for the Respondent No.3: AGP FOR PROHIBITION AND EXCISE &HOME The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR \[RIT PETITION No.35433 of 2022 ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue, learned Assistant Government Pleader lor Prohibition and Excise and learned Assistant Government Pleader for Home.
ll 2.
This writ petition is filed questioning ttre show cause notice, dated 24.Oa.2022, issued in M.C.No.A/51/2022, dated 24.O8.2O22, issued by respondent, No.2 herein requiring the petitioner to explain why he should not pay penalty amount of Rs.2,O0,0OO/- or to show cause within three (3) days from the date of receipt ol such notice. As the impugned proceedings are only a show cause notice, this Court is not inclined to entertain this writ petition, at this stage. The petitioner herein, instead of submitting his explanation pursuant to the show cause, approached this Court by invoking the jurisdiction of this Court under Article 226 of the Constitution of India.
3.
Accorclingly, the writ petition is dismissed. However, liberty is granted to the petitioner to submit his explanation in response to the impugned show cause notice, dated 24.08.2022, within a period of tr,r'o (2) weeks from today and on submission of such
explanation, respondent No.2 shall consider the same and pass orders thereon, in accordance with law. Till passing of such orders by respondent No.2, no coercive action shall be taken against the petitioner.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. sD/-t.
KSHMI //TRUE COPY'
OFFICER To, One CC to Sri Kishan Bhukya, Advocate [OPUCI 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] Two CD Copies One Spare Copy Srn bs
f HIGH COURT DATED:13/09/2022
ORDER
WP.No.35433 of 2022 \ DEI zin ?T l * DISMISSING THE WT'
WITHOUT COSTS g ,.6 X* v 1A