Ali Azghar v. The State Of Telangana
[ 31831 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 30034 OF 2024 Between:
Ali Azghar, S/o Shaik Moulana, Age 28 years, Occ. Pvt. Employee, F|/o H. No. 3-57 821'1 1, King Koti, Himayathnagar, Telangana. .....PETITIONER AND
1. The State of Telangana, Represented by its Principal Secretary Prohibition and Excise Department, Secretariat Buildings, Hyderabad, Telangana.
2. fhe Deputy Commissioner, Prohibition and Excise, Abkari Bhavan. Nampally, Hyderabad, Telangana.
3. The Station House Officer, Prohibition and Excise Station, Narayanguda, Telangana.
.....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 a Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of respondent No. 2 and 3 in not releasing the bike i.e., Honda Activa bearing No. TS 09 FG 2763, having Chassis No. ME4JFSOBEKGO18043, registered on 1010712019, as arbitrary, illegal and contrary to the provisions of the Telangana Excise Act, 1968. i.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 and 3 to forthwith release bike i.e., Honda Activa
bearing No. TS 09 FG 2763, having chassis No. ME4JFSoBEKG018043, registered on 1O1O712019, pending disposal of the main writ petition. Counsel for the petitioner : SRt MOHD ISLAMUDDIN ANSARI counsel for the Respondents : Gp FoR pRoHlBlroN AND ExcrsE The Court made the following ORDER
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.3OO34 ot 2024 ORDER:
Learned Assistant Government Pleader for Prohibition and Excise submitted that the authority for release of the subject vehicle ls the Drug Disposal Committee constituted in terms of the notification issued by the Ministry of Finance, Government of India, dated 23.12.2022 and the Drug Disposal Committee is functioning at Abkari Bhavan viz. Deputy Commissioner, Prohibition and Excise, Abkari Bhavan, Nampally, Hyderabad.
2.
In view of the above, this Court is not inclined to pass any orders in the writ petition.
3.
However, the writ petition is disposed of giving liberty to the petitioner to file an application before the Drug Disposal Committee for release of the seized vehicle viz. Honda Activa bearing No.TS 09 FG 2763, in connection with COR.No.38 of 2024 of Prohibition and Excise Station, Narayanguda. Such application shall be disposed of by the Drug Disposal Committee within one week thereafter in accordance with law.
The miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
SD/.V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To
1. The Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, State of Telangana at Hyderabad, Telangana.
2. The Deputy C,ommissioner, Prohibition and Excise, Abkari Bhavan. Nampally, Hyderabad, Telangana.
3. The Station House Officer, Prohibition and Excise Station, Narayanguda, Telangana.
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4. Two CCs to GP FOR PROHIBtTtON EXCTSE ,High Court for the State of Telangana. [OUT]
5. One CC to SRI MOHD TSLAMUDDTN ANSAR|, Advocate tOpUCl
6. Two CD Copies / SA s
I HIGH COURT BVR,J DATED:0 411212024 1r\; s lAlt c 13 BEl,i t*{ I
ORDER
I WP.No.30034 of 2024 DISPOSING OF THE W.P WITHOUT COSTS.
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